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South Africa decisions
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S v Manyathi (CC 70/2024) [2025] ZAECMKHC 5; 2025 (1) SACR 446 (ECMk) (24 January 2025)
Sentencing for attempted murder and murder arising from intimate partner violence, with alcohol as a major factor; court imposed an effective 28-year sentence.
S v Kekana (CC48/2023) [2024] ZAGPPHC 1223 (27 November 2024)
The High Court sentenced Ngagalela Kekana to life imprisonment for premeditated murder, finding no substantial and compelling circumstances to depart from the minimum sentence.
S v Mabita (Sentence) (CC66/2023) [2024] ZAGPPHC 747 (1 August 2024)
The Court found that the accused was convicted of murder under Section 51(2) of Act 105 of 1997, which prescribes a minimum sentence of 15 years imprisonment for a first offender unless substantial and compelling circumstances exist to justify a lesser sentence. The accused pleaded guilty and admitted to using excessive force, resulting in the death of the deceased by manual strangulation. The Court considered the accused's personal circumstances, including his lack of prior convictions, community leadership, employment history, and family responsibilities. However, the Court found that these…
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Lukhele v S (CC55/14) [2016] ZAGPPHC 123 (23 March 2016)
The High Court refused leave to appeal against a 15-year sentence for murder and breach of a protection order, holding the sentence fair and proportionate.
Mathunjwa v S (A544/2015) [2016] ZAGPPHC 232 (26 February 2016)
The court found no misdirection in the sentence imposed by the trial court. The appellant's personal circumstances, including his lack of previous convictions and employment history, were considered but did not outweigh the seriousness and gravity of the offence. The appellant provided conflicting versions regarding the motive for the killing, and the court was not convinced of genuine remorse or significant provocation. The manner of the killing and subsequent conduct demonstrated indifference and aggravated the seriousness of the crime. Given the prevalence of intimate partner violence and…
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Seemela v S (20508/2014) [2015] ZASCA 41; 2016 (2) SACR 125 (SCA) (26 March 2015)
Appeal partly upheld: one murder conviction set aside for hearsay reliance, another replaced with attempted murder for lack of proven legal causation.
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