The Supreme Court of Appeal struck a reconsideration bid from the roll and dismissed a sentence appeal in a fraud and POCA matter involving misuse of grant funds.
S v Pitso (Sentence) (KS 7/2025) [2025] ZANCHC 61 (1 August 2025)
Court
Northern Cape High Court, Kimberley
Case number
KS 7/2025
Judge
Lever
Guilty-plea sentencing for murder and two assaults arising from domestic violence. The court found substantial and compelling circumstances and imposed 20 years’ imprisonment.
S v Mthethwa and Others (Sentence) (CC62/2021) [2025] ZAGPPHC 777 (29 July 2025)
Court
North Gauteng High Court, Pretoria
Case number
CC62/2021
Judge
LA van Wyk
The court found that the accused's personal circumstances, including his period of pre-sentence detention, did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The seriousness and number of offences, including two murders committed during the course of robbery and kidnapping, outweighed any mitigating factors. The accused's alleged mental illness was not substantiated by evidence and did not affect his ability to participate in the trial. The court held that the prescribed sentences were proportionate to the crimes committed an…
Mabela v S (Appeal) (A15/2024) [2025] ZALMPPHC 141 (29 July 2025)
Court
Limpopo High Court, Polokwane
Case number
A15/2024
Judges
Kganyago, Diamond
The court found that the appellant had inflicted grievous bodily harm on the complainant during the commission of rape, triggering the minimum sentence of life imprisonment under the Criminal Law Amendment Act. The appellant failed to demonstrate substantial and compelling circumstances warranting deviation from the prescribed sentence. His lack of remorse, refusal to accept responsibility, and the aggravating factors—including breach of trust, brutality, and the prevalence of such offences—outweighed any mitigating factors. The appellant’s personal circumstances, including his youth and stat…
C.V.D.M v S (Appeal) (A180/2023) [2025] ZAWCHC 299 (22 July 2025)
Court
Western Cape High Court, Cape Town
Case number
A180/2023
Judges
M Pangarker, V C Saldanha
The appeal court found that the Regional Magistrate properly exercised her sentencing discretion, fully considered the appellant's personal circumstances, the interests of the community, and the gravity of the offences. The appellant's alleged anger issues and drug use did not constitute substantial and compelling circumstances. His admission of guilt was limited to the attempted murder and was compelled by overwhelming evidence, not genuine remorse. The brutality, cruelty, and inhumanity of the crimes, including repeated rapes, sexual assault, and attempted murder, justified the imposition o…
E.M v S (Appeal) (A55/2023) [2025] ZAWCHC 309 (18 July 2025)
Court
Western Cape High Court, Cape Town
Case number
A55/2023
Judges
Van Leeve, Ndita
The court held that the record, though imperfect, was sufficient for proper adjudication of the appeal, as the summary of evidence provided a clear understanding of the issues. The trial court's credibility findings regarding the complainants were supported by the evidence, and the application of the cautionary rules for single and child witnesses was correct. The delay in reporting the offences was explained and did not undermine the complainants' credibility. The appellant's bare denial and attempt to blame others were found to be improbable. Regarding sentence, the court found no substanti…
Stunga v S (Appeal) (CA&R155/2024) [2025] ZAECMKHC 54 (15 July 2025)
Court
Eastern Cape High Court, Makhanda
Case number
CA & R 155/2024
Judges
Cengani-Mbakaza, G H Bloem
The High Court dismissed an appeal against a life sentence for rape of an 11-year-old, finding no substantial and compelling circumstances to depart from the minimum sentence.