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South Africa decisions
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A.Z v S (Appeal) (A41/2025) [2025] ZAWCHC 340 (11 August 2025)
The High Court dismissed an appeal against life imprisonment for the murder of the appellant’s young cousin, holding there were no substantial and compelling circumstances.
Sediane and S (A167/2024) [2025] ZAFSHC 151 (29 May 2025)
Appeal against rape conviction and 22-year sentence dismissed. The court upheld the trial court’s credibility findings, cautionary approach, and sentence.
S.M v S (Appeal) (A14/2025) [2025] ZAWCHC 221 (27 May 2025)
The court found the complainant to be a credible and reliable witness whose account was consistent and corroborated by her mother. The appellant's version of events was rejected as not reasonably possibly true, given his contradictions and the formal admissions made. The evidence established that the offences occurred on three separate occasions and that the complainant acted under threat and fear. The trial court correctly applied the law regarding consent, the evidence of a single witness, and the prescribed minimum sentence. No substantial and compelling circumstances were present to justi…
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Makhaola v S (A186/2024) [2025] ZAFSHC 146 (23 May 2025)
The appeal against conviction and life sentence for rape was dismissed. The High Court found the complainant credible, the appellant's version improbable, and no basis to interfere.
Phogole v S (370/2023) [2025] ZASCA 54 (9 May 2025)
The SCA upheld a rape conviction based on a single child witness, but reduced the sentence because the minimum-sentence warning was not properly shown on record.
Fouche v S (Appeal) (A 239/24) [2025] ZAWCHC 76 (25 February 2025)
High Court appeal against a rape conviction dismissed. The court upheld the magistrate’s credibility findings and found no material misdirection.
Ntuli v S (A22/2024) [2024] ZAGPJHC 916 (13 September 2024)
The High Court partially upheld an appeal against sentence, finding the trial court failed to consider 3.5 years in custody. The total sentence was reduced to 26 years.
Fortuin and Another v S (A17/2024) [2024] ZAWCHC 244 (5 September 2024)
The High Court dismissed an appeal against rape convictions and life sentences, finding the complainant competent, the medical evidence sufficient, and no basis to depart from minimum sentencing.
Ntombela and Others v S (A116/2023) [2024] ZAGPJHC 618 (5 July 2024)
The High Court dismissed a sentence appeal by three appellants convicted of firearm offences, finding no substantial and compelling circumstances to depart from minimum sentences.
Ruiters v S (A125/2022) [2024] ZAWCHC 166; 2024 (2) SACR 570 (WCC) (18 June 2024)
The court held that there is no rational basis for distinguishing between previous convictions for rape under the common law and those under the Sexual Offences Act for purposes of minimum sentence legislation. The expanded statutory definition of rape in section 3 of the Sexual Offences Act subsumes the essential elements of the common law offence. The court disagreed with the reasoning in S v Jacobs and found that previous common law convictions for rape must be taken into account when sentencing under section 51(2)(b). The appellant's personal circumstances and criminal record did not pres…
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