South Africa Case Law

S v Minnaar (Sentence) (CC 68/2020)

S v Minnaar (Sentence) (CC 68/2020) [2025] ZAWCHC 62 (18 February 2025)

Court

Western Cape High Court, Cape Town

Case number

CC68/2020

Judge

Nziweni

The court found that the offences committed by the accused were exceptionally brutal, premeditated, and aggravated by the abuse of a position of trust and the vulnerability of the minor victim. The psychiatric and psychological reports indicated that the accused has antisocial and psychopathic traits, lacks genuine remorse, and poses an ongoing danger to society. The court held that there are no substantial and compelling circumstances to justify deviation from the mandatory life sentences prescribed for rape and murder under the Criminal Law Amendment Act. The request for sentencing under se…

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• Sentencing Guidelines
• Dangerous Criminal Declaration
• Mandatory Minimum Sentences
• Child Protection Orders
• Victim Impact Statements

S v R.M and Another (Sentence) (SS48/2022)

S v R.M and Another (Sentence) (SS48/2022) [2024] ZAGPJHC 1007 (3 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS48/2022

Judge

Britz

The High Court sentenced two accused to life imprisonment for murder, 15 years for robbery and 6 months for attempted theft, finding no substantial and compelling circumstances.

• Mandatory Minimum Sentences
• Substantial And Compelling Circumstances
• Murder
• Robbery
• Attempted Theft
• Murder-sentencing

Mzangwa v S (A299/2019)

Mzangwa v S (A299/2019) [2022] ZAGPPHC 103 (25 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

A299/2019

Judges

Nyathi, Khumalo

The High Court dismissed an appeal against conviction and life sentence for rape of a minor, upholding the trial court’s identity findings, cautionary rule analysis, and minimum sentence.

• Rape Of A Minor
• Mandatory Minimum Sentences
• Cautionary Rule
• Identity Of Perpetrator
• Rape-of-a-minor
• Mandatory-minimum-sentences

S v Ndlovu (SS 062/2020)

S v Ndlovu (SS 062/2020) [2021] ZAGPJHC 762 (2 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

SS 062/2020

Judge

T P Mudau

The High Court sentenced George Siphiwe Ndlovu to 25 years’ imprisonment for murder and related offences, finding no substantial and compelling circumstances to depart from minimum sentences.

• Murder
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Mandatory Minimum Sentences
• Criminal-law

S v Mabape (CC3/2019)

S v Mabape (CC3/2019) [2020] ZAGPPHC 820 (14 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

CC3/2019

Judge

Phahlane

The court found that the accused's conduct constituted premeditated murder, supported by evidence of planning and intent. The brutality of the crime, including multiple stab wounds and the accused's attempt to evade detection, were aggravating factors. The accused did not testify in mitigation and showed no remorse, maintaining his innocence throughout. The court considered the accused's personal circumstances but found them to be ordinary and not substantial or compelling. The prevalence of violence against women and the need for deterrence and retribution were emphasized. The court held tha…

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• Premeditated Murder
• Mandatory Minimum Sentences
• Sentencing Principles
• Aggravating And Mitigating Factors
• Remorse
• Violence Against Women

S v Sithole (CC40/2019)

S v Sithole (CC40/2019) [2020] ZAGPPHC 497 (2 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

CC40/2019

Judge

PJ Johnson

The High Court sentenced the accused to life imprisonment for rape and 20 years for robbery with aggravating circumstances, finding no substantial and compelling circumstances.

• Rape With Grievous Bodily Harm
• Robbery With Aggravating Circumstances
• Mandatory Minimum Sentences
• Substantial And Compelling Circumstances
• Remorse
• Parole Violation

S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18)

S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18) [2020] ZALMPPHC 69 (6 July 2020)

Court

Limpopo High Court, Polokwane

Case number

CC76/2018; 10/2/11/1-L41/18

Judge

Mudau

Sentencing judgment in a murder and robbery-related case: the court found substantial and compelling circumstances and imposed lengthy prison terms.

• Mandatory Minimum Sentences
• Murder
• Attempted Murder
• Conspiracy To Commit Robbery
• Possession Of Stolen Property
• Reckless Driving

S v Mashiane and Another (CC 91/2018; 10/2/11/1-L58/2018)

S v Mashiane and Another (CC 91/2018; 10/2/11/1-L58/2018) [2020] ZALMPPHC 55 (10 June 2020)

Court

Limpopo High Court, Polokwane

Case number

CC 91/2018; 10/2/11/1-L58/2018

Judge

Mudau

Sentencing judgment in a murder, rape and robbery case. The High Court found no substantial and compelling reasons to depart from mandatory minimum sentences.

• Murder
• Rape
• Robbery With Aggravating Circumstances
• Mandatory Minimum Sentences
• Common Purpose
• Possession Of Prohibited Firearm

Naki v S (A167/2019)

Naki v S (A167/2019) [2020] ZAGPJHC 46 (13 February 2020)

Court

South Gauteng High Court, Johannesburg

Case number

A167/2019

Judges

Mudau, G C Wright

High Court appeal against sentence dismissed. The court held there was no material misdirection in refusing to make a six-year robbery sentence concurrent with an existing 20-year term.

• Sentencing Discretion
• Robbery With Aggravating Circumstances
• Concurrent Sentences
• Mandatory Minimum Sentences
• Sentencing-discretion
• Concurrent-sentences

Nofemele v S (CA&R 169/18)

Nofemele v S (CA&R 169/18) [2019] ZAECGHC 46 (12 March 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 169/18

Judges

S Rugunanan, G H Bloem

Criminal appeal on kidnapping and rape. The High Court confirmed the convictions, set aside the life sentence for rape, and imposed 10 years' imprisonment.

• Rape
• Kidnapping
• Grievous Bodily Harm
• Mandatory Minimum Sentences
• Mitigation Of Sentence
• Criminal-appeal