South Africa Case Law

S v Mthethwa and Others (Sentence) (CC62/2021)

S v Mthethwa and Others (Sentence) (CC62/2021) [2025] ZAGPPHC 777 (29 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC62/2021

Judge

LA van Wyk

The court found that the accused's personal circumstances, including his period of pre-sentence detention, did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The seriousness and number of offences, including two murders committed during the course of robbery and kidnapping, outweighed any mitigating factors. The accused's alleged mental illness was not substantiated by evidence and did not affect his ability to participate in the trial. The court held that the prescribed sentences were proportionate to the crimes committed an…

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• Minimum Sentencing
• Aggravating Circumstances
• Kidnapping
• Robbery With Aggravating Circumstances
• Murder
• Pre Sentence Detention

M.B. v S (A94/2024)

M.B. v S (A94/2024) [2025] ZAGPJHC 707 (14 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A94/2024

Judges

Mdalana-Mayisela, Moosa

The court found that the complainant was a credible and competent witness whose evidence was corroborated by medical reports and other witnesses. The appellant's version was inconsistent and not reasonably possibly true. The State proved all elements of the offences beyond reasonable doubt. The lower court correctly applied the cautionary rule and found no substantial and compelling circumstances to deviate from the prescribed minimum sentences. The appellant's personal circumstances were considered flimsy and did not warrant a lesser sentence. The effective sentence of life imprisonment was…

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• Sexual Offences And Related Matters Act
• Minimum Sentencing
• Credibility Of Witnesses
• Single Witness Rule
• Assault Gbh
• Kidnapping

Dlamini v S (Appeal) (CA34/2023)

Dlamini v S (Appeal) (CA34/2023) [2025] ZANWHC 136 (30 June 2025)

Court

North West High Court, Mafikeng

Case number

CA 34/2023

Judges

Morris, Laubscher

The High Court dismissed an appeal against rape and kidnapping convictions and a 20-year sentence, finding no material misdirection, bias, or sentencing error.

• Rape
• Kidnapping
• Minimum Sentencing
• Cumulative Effect Of Sentences
• Fair Trial Rights
• Judicial Bias

S v Mgqobozi (Sentence) (CC33/2017)

S v Mgqobozi (Sentence) (CC33/2017) [2025] ZAECMHC 60 (25 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CC33/2017

Judge

Jolwana

High Court sentencing for kidnapping, rape, murders and aggravated robbery. The court imposed life sentences for the murder and rape counts plus ancillary protective orders.

• Minimum Sentencing
• Rape
• Murder
• Kidnapping
• Aggravated Robbery
• Child Protection

S v Samson (10/2025)

S v Samson (10/2025) [2025] ZAECQBHC 19 (20 June 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

10/2025

Judge

Govindjee

The court found that the accused acted in self-defence when he shot the deceased, based on the medical evidence, the trajectory of the bullet, and the circumstances of the armed intrusion. The accused's version was reasonably possible and supported by the evidence, leading to acquittal on the murder charge. However, the accused's subsequent conduct, including kidnapping Blaauw, attempted murder by firing shots at him, and actions to defeat the ends of justice by disposing of the body and concealing evidence, were inconsistent with lawful conduct and not justified by self-defence. The court fo…

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• Self Defence
• Kidnapping
• Attempted Murder
• Defeating The Ends Of Justice
• Single Witness Credibility
• Criminal Procedure Act

S v Majola and Others (CC D13/2024)

S v Majola and Others (CC D13/2024) [2025] ZAKZDHC 40 (20 June 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

CC D13/2024

Judge

Mathenjwa

The court found that the State failed to prove beyond reasonable doubt that the accused were members of a criminal gang under POCA, as the evidence did not establish a pattern of gang activity or mutual benefit. However, the State proved beyond reasonable doubt that accused 1 committed three counts of robbery with aggravating circumstances, based on credible identification evidence and lack of contradiction. Accused 2 was found guilty of six counts of murder, four counts of attempted murder, three counts of robbery with aggravating circumstances, and unlawful possession of a prohibited firear…

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• Murder
• Robbery With Aggravating Circumstances
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Kidnapping

Bvuma v S (Appeal) (AA03/2024)

Bvuma v S (Appeal) (AA03/2024) [2025] ZALMPPHC 121 (20 June 2025)

Court

Limpopo High Court, Polokwane

Case number

AA03/2024

Judges

Ngobeni, G. Muller, A. Van Wyk

The High Court dismissed an appeal against convictions for murder, kidnapping, and attempting to defeat justice, upholding common-purpose liability.

• Common Purpose
• Murder
• Kidnapping
• Attempt To Defeat Administration Of Justice
• Minimum Sentencing
• Appeal Principles

S v Mgqobozi (CC33/2017)

S v Mgqobozi (CC33/2017) [2025] ZAECMHC 53 (12 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CC33/2017

Judge

Jolwana

The court convicted the accused of kidnapping, robbery with aggravating circumstances, two murders and rape, relying on circumstantial and forensic evidence.

• Murder
• Rape
• Kidnapping
• Robbery With Aggravating Circumstances
• Dna Evidence
• Circumstantial Evidence

Netshishive v S (A48/2023)

Netshishive v S (A48/2023) [2025] ZAGPJHC 515 (27 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A48/2023

Judges

Malindi, Mia

The High Court dismissed a criminal appeal against convictions for kidnapping, rape and breaching a protection order, finding no misdirection in the trial court.

• Rape
• Kidnapping
• Contravention Of Protection Order
• Domestic Violence Act
• Criminal Procedure
• Fair Trial Rights

Hlako and Others v S (Appeal) (AA02/2024)

Hlako and Others v S (Appeal) (AA02/2024) [2025] ZALMPPHC 88 (30 April 2025)

Court

Limpopo High Court, Polokwane

Case number

AA02/2024

Judges

Diamond, Naude-Odendaal, Pillay

The appeal court found that the trial court correctly convicted the appellants based on the direct, primary evidence provided by Gabriel and Matome, whose statements and testimonies were corroborated in all material respects. The alleged contradictions and inconsistencies raised by the appellants were either immaterial or attributable to the passage of time and did not undermine the central narrative of the prosecution's case. The court held that the defence failed to present any credible exculpatory evidence and that the trial court properly applied the principles governing the assessment of…

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• Murder
• Kidnapping
• Defeating The Ends Of Justice
• Assessment Of Witness Credibility
• Contradictory Evidence
• Section 204 Witnesses