South Africa Case Law

S v Mxanda (CA&R 68/24)

S v Mxanda (CA&R 68/24) [2025] ZANCHC 38 (6 May 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 68/24

Judges

Nxumalo, Stanton

The magistrate's order imposing imprisonment in default of payment of compensation under section 300 of the Criminal Procedure Act was incompetent. Section 300 compensation orders are civil in nature and cannot be enforced by criminal sanction. The court set aside the original sentence and substituted it with a compensatory order requiring the accused to pay R400.00 to the complainant for damages caused by her unlawful and intentional damage to window panes. No date for payment or alternative imprisonment was imposed, in line with the requirements of section 300.

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• Malicious Injury To Property
• Compensation Order
• Section 300 Cpa
• Section 112 1 A Cpa
• Sentence Review

S v Langa and Others (CC40/2020)

S v Langa and Others (CC40/2020) [2025] ZAGPPHC 314 (24 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC40/2020

Judge

Van Wyk

The High Court convicted several accused from a series of armed robberies in Ratanda and Heidelberg, relying on CCTV, eyewitness evidence, fingerprints, and ballistics.

• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Murder
• Attempted Murder
• Malicious Injury To Property

Mavundla v S (AR535/2019)

Mavundla v S (AR535/2019) [2024] ZAKZPHC 125 (23 August 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR535/2019

Judges

Chithi, Hadebe

The regional magistrate materially misdirected herself by failing to consider the cumulative effect of the sentences imposed, resulting in an effective sentence of 22 years imprisonment that was disproportionally harsh and induced a sense of shock. The court held that while the offences and the appellant's criminal history were serious and aggravating, the interests of justice required a balanced approach that considered the appellant's personal circumstances, the time spent awaiting trial, and the principle that aggregate sentences should not be unduly severe. The court substituted the sente…

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• Sentencing Principles
• Housebreaking With Intent To Steal And Theft
• Malicious Injury To Property
• Cumulative Effect Of Sentences
• Concurrent Sentences
• Criminal Procedure Act

Ntande v S (CA62/2022)

Ntande v S (CA62/2022) [2024] ZANWHC 193 (24 July 2024)

Court

North West High Court, Mafikeng

Case number

CA62/2022

Judges

Mfenyana, Du Toit

The High Court dismissed a sentence appeal and confirmed life imprisonment for rape, holding that no substantial and compelling circumstances justified departure from the minimum sentence.

• Minimum Sentencing
• Rape
• Kidnapping
• Malicious Injury To Property
• Mitigating Factors
• Substantial And Compelling Circumstances

Seothaeng v S (A209/2023)

Seothaeng v S (A209/2023) [2024] ZAGPPHC 460; 2025 (1) SACR 270 (GP) (13 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

A209/2023

Judges

Mncube, Janse van Nieuwenhuizen

The court found that the trial court misdirected itself by treating the offences as separate when they arose from a single continuous incident with a common intent. The malicious injury to property was committed expressly to facilitate the extortion. The failure to order concurrent sentences resulted in a cumulative punishment that was disproportionate and lacked mercy. The appeal was upheld, and the sentences were ordered to run concurrently to reflect the true nature of the criminal conduct and to ensure a just penal outcome.

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• Sentencing Discretion
• Concurrent Sentences
• Extortion
• Malicious Injury To Property
• Appeal Against Sentence

Nakumba v S - Appeal (A59/2022)

Nakumba v S - Appeal (A59/2022) [2023] ZAWCHC 277; 2024 (1) SACR 81 (WCC) (10 November 2023)

Court

Western Cape High Court, Cape Town

Case number

A59/2022

Judges

P A L Gamble, M J Dolamo, L G Nuku

The High Court partly upheld an appeal in a criminal matter, setting aside several convictions for lack of proof and reducing the attempted robbery sentence to seven years.

• Money Laundering
• Acquisition Of Proceeds Of Crime
• Dangerous Weapons Act
• Malicious Injury To Property
• Aggravating Circumstances
• Attempted Robbery

Komane v Minister of Police

Komane v Minister of Police [2023] ZAGPPHC 391; 18144/21 (26 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

18144/21

Judge

Mlotshwa

The court found that the Plaintiff was lawfully arrested for a Schedule 1 offence, namely assault and malicious injury to property, following complaints laid against him by Banda and Maringa. The arresting officer, Sergeant Masuga, acted on instructions from his superior and relied on the existence of a complaint and docket. The court held that section 40(1)(b) of the Criminal Procedure Act permits arrest without a warrant if reasonable suspicion exists, and that the Defendant bore the onus to justify the arrest. The Plaintiff's argument that the police should have investigated further before…

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• Unlawful Arrest
• Malicious Injury To Property
• Reasonable Suspicion
• Onus Of Proof
• Bill Of Rights Limitation

S v T.E.N (A139/2019)

S v T.E.N (A139/2019) [2023] ZAGPJHC 285 (31 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A139/2019

Judges

AK Ramlal, D Dosio

The High Court partly upheld a criminal appeal, confirming convictions on counts 1 to 3 but setting aside counts 4 to 12 and replacing life imprisonment with 15 years.

• Culpable Homicide
• Malicious Injury To Property
• Assault With Intent To Do Grievous Bodily Harm
• Sentencing Principles
• Firearms Control Act
• Appeal Procedure

S v Modise (REV126/22)

S v Modise (REV126/22) [2023] ZALMPPHC 60 (1 March 2023)

Court

Limpopo High Court, Polokwane

Case number

REV126/22

Judge

K L Pillay

On special review, the High Court corrected an irregular suspended sentence that wrongly referred to theft and failed to individualize conditions for each conviction.

• Suspended Sentence
• Sentencing Irregularity
• Criminal Procedure Act
• Malicious Injury To Property
• Assault By Threat
• Suspended-sentence

S v Vaaiboom (K/S11/2022)

S v Vaaiboom (K/S11/2022) [2023] ZANCHC 33 (3 February 2023)

Court

Northern Cape High Court, Kimberley

Case number

K/S11/2022

Judge

Mamosebo

The court found that the murders were committed under brutal and premeditated circumstances against unarmed relatives, including a police officer, in their homes. The accused's drug use did not sufficiently diminish his capacity, and the psychiatric evidence confirmed he could appreciate the wrongfulness of his actions. The accused's personal circumstances, including his dysfunctional family background and history of substance abuse, were considered but found to be outweighed by the seriousness and aggravating nature of the offences. The accused's remorse was not established as genuine, and h…

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• Minimum Sentences
• Murder
• Malicious Injury To Property
• Substantial And Compelling Circumstances
• Sentencing Triage
• Remorse