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South Africa decisions
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King and Another v S (Appeal) (CA50/2023) [2025] ZANWHC 83 (13 May 2025)
Appeal court upheld life sentences for premeditated murder, finding no substantial and compelling circumstances and no sentencing misdirection.
S v Kobe (B180/23) [2024] ZAGPJHC 50 (26 January 2024)
The magistrate erred in sentencing the accused, as her jurisdiction was ousted by the amendment to the Criminal Law Amendment Act, which now includes victims in domestic relationships under the mandatory sentencing regime. The offence for which the accused was convicted merits punishment in excess of the district court’s jurisdiction. In accordance with section 114(1)(c) of the Criminal Procedure Act, the proceedings should have been stopped and the accused committed for sentence by a regional court. The conviction is upheld, but the sentence imposed by the magistrate is set aside and replace…
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Mathumbu v S (A34/ 2021) [2023] ZAMPMBHC 32 (30 May 2023)
The High Court dismissed Lucas Mathumbu’s appeal against his rape conviction and life sentence for raping a seven-year-old child.
Msomi v S (AR191/2020) [2022] ZAKZPHC 45 (2 September 2022)
The High Court upheld a rape conviction based on credible identification evidence and DNA, but reduced life imprisonment to 25 years after finding sentencing misdirections.
Kutu v S (CC124/2008) [2021] ZAECMHC 4 (26 January 2021)
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The evidence did not support his claims of assault or denial of legal representation, and his versions were materially inconsistent and not reasonably possibly true. The confession was properly admitted, and there was no undue influence or violation of constitutional rights. The convictions for murder and unlawful possession of a firearm and ammunition were supported by ballistic evidence and the applicant's conduct. The sentence of life imprisonment was mandatory for premeditated murder, and n…
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Muller v S (A241/2018) [2018] ZAWCHC 155; 2019 (1) SACR 242 (WCC) (16 November 2018)
The court held that the section 35 enquiry regarding driver’s licence suspension is an integral part of sentencing and may be included in a section 105A plea and sentence agreement. The magistrate erred by treating the enquiry as a post-sentence procedure and by failing to comply with the peremptory provisions of section 105A(9) of the Criminal Procedure Act. Because the magistrate did not inform the parties of his intention to impose a different period of suspension, both the conviction and sentence must be set aside. The matter is remitted for trial de novo before another magistrate. The ju…
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S v Allies (CC2/2016) [2016] ZAECPEHC 47 (1 September 2016)
The court found that the accused and Jansen acted with a common purpose to kill the deceased, as demonstrated by their coordinated return to the scene with firearms and their joint attack. The evidence established that the accused's conduct was part of ongoing gang violence in Port Elizabeth, which has reached epidemic proportions and undermines public safety. The court held that the prescribed sentence of life imprisonment for count 2 was proportionate to the crime and that no substantial and compelling circumstances existed to justify a lesser sentence. However, the court found that the man…
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S v Matinjwa and Another (CC21/2014) [2016] ZAECPEHC 25 (4 May 2016)
The court found that the murder was executed in cold blood, with the accused showing no remorse and engaging in further criminal conduct immediately after the crime. The accused's personal circumstances were not unique and did not amount to substantial and compelling circumstances warranting deviation from the mandatory life sentence. The conduct of both accused demonstrated a complete disregard for the law and society, and the seriousness of the offences justified the imposition of the prescribed sentences. The sentences for robbery, unlawful possession of a firearm, and unlawful possession…
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S v Mdebele (74/2013) [2013] ZAFSHC 130 (11 July 2013)
The High Court confirmed a guilty conviction for dealing in cannabis but set aside an unlawful sentence that conflicted with the Drugs Act and substituted a compliant custodial sentence.
S v Van Wyk and Others (575/08, 721/08, 761/08) [2009] ZAFSHC 12 (12 February 2009)
High Court review set aside cannabis possession convictions where the accused had admitted facts supporting dealing charges; matters were remitted for reconsideration.
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