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South Africa decisions
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Mofihli Pickson Rapabi v The State (60/2024) [2025] ZAFSHC 197 (25 June 2025)
The High Court dismissed an application for leave to appeal against murder and attempted murder convictions and sentence, finding no reasonable prospect of success.
Dlamini v S (A23/2024) [2024] ZAGPPHC 1262 (4 December 2024)
The court held that the circumstances of the murder were exceptionally aggravating: the victim was a defenceless infant, the attack was inexplicably cruel and brutal, and the appellant showed no remorse or explanation for his actions. The minimum sentence of 15 years' imprisonment would be unduly lenient and would not reflect the outrage felt by society for such violence against a child. The High Court is empowered to impose life imprisonment where aggravating circumstances exist, and in this case, the severity and senselessness of the offence justified the harshest sentence. The appellant wa…
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Loyiso Ludidi and Others v S (983/2022; 056/2024) [2024] ZASCA 162; 2025 (1) SACR 225 (SCA) (29 November 2024)
The Supreme Court of Appeal held that while the appellants spent a lengthy period of five years and eight months in custody awaiting trial, this fact alone does not constitute a substantial and compelling circumstance justifying deviation from the prescribed minimum sentence of life imprisonment. The delays in the proceedings were largely attributable to the appellants and their legal representatives, including unsuccessful bail applications and repeated non-attendance. The offences were heinous contract killings, and the appellants acted as hired assassins willing to kill for payment. The co…
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Mazingane and Others v Minister of Correctional Services and Others (2024/00411 ; 2024/00414 ; 2024/00353 ; 2024/00360 ; 037664/2022) [2024] ZAGPJHC 1092 (28 October 2024)
The court held that while offenders serving life sentences do not have a right to be released on parole, they do have a right to be considered for parole in a manner that is substantively and procedurally fair. The Minister's decision regarding parole is an administrative action subject to review under PAJA. Unreasonable delays in making such decisions are not permissible and may be reviewed and remedied by the court. The court found that in several instances, the relief sought by applicants was moot due to recent decisions or premature because the parole process was incomplete. However, the…
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S v Msweli (Sentence) (SS 20/2023) [2024] ZAGPJHC 987 (25 September 2024)
The High Court sentenced Veli Siyabonga Msweli to life imprisonment for murder, finding no substantial and compelling reasons to depart from the prescribed minimum.
Booysen v Minister of Justice and Correctional Services and Others (33188/2022) [2024] ZAGPPHC 205 (8 March 2024)
The court found that the Minister's decision not to place Booysen on parole was rational and explicable. The Minister considered all relevant factors, including expert reports, recommendations, and the interests of the community. The risk factors for reoffending, particularly gang-related behaviour, remained unchanged and justified the decision. The Minister did not rely on the classified State Security Agency report for the impugned decision and properly applied his mind to the documentation before him. The court held that the procedural fairness challenge failed, as Booysen did not demonstr…
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Sabata v S (SS085/2022; DPP Ref: 10/2/11/1;(2022/106)) [2023] ZAGPJHC 1459 (13 December 2023)
The High Court granted condonation for a late leave-to-appeal application but dismissed leave to appeal against life sentences, finding no reasonable prospects of success.
S v Ruiters (CC11/2021) [2023] ZAWCHC 316; 2024 (1) SACR 391 (WCC) (30 November 2023)
The court found that the accused's conduct was premeditated, brutal, and demonstrated a complete disregard for the sanctity of human life. The psychiatric assessment confirmed that the accused is a danger to the physical and mental well-being of others, with no genuine remorse and a poor prognosis for rehabilitation. Despite the accused's lack of previous convictions and difficult personal circumstances, the gravity and manner of the offences, including stalking, planning, and dismemberment, outweighed any mitigating factors. The court held that there were no substantial and compelling circum…
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Ntshongwana v S (1304/2021) [2023] ZASCA 156; [2024] 1 All SA 345 (SCA); 2024 (2) SACR 443 (SCA) (21 November 2023)
The Supreme Court of Appeal held that the appellant failed to discharge the onus of proving, on a balance of probabilities, that he lacked criminal responsibility due to mental illness at the time of the offences. The panel psychiatrists' evidence, accepted by the trial court, demonstrated that the appellant's conduct during and after the offences was purposeful, goal-directed, and indicative of criminal capacity. The appellant's decision not to testify left critical gaps regarding his state of mind, and his claim of amnesia was unsupported and contradicted by objective evidence. The court fo…
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Ndlovu v S (A121/23) [2023] ZAGPPHC 1804 (16 October 2023)
Appeal against a 38-year non-parole period succeeded. The High Court held the order exceeded section 276B and removed the non-parole period.
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