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South Africa Case Law

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Criminal Law [2025] ZASCA 115

Mohlaloga v S (1028/2023; 1112/2023)

Mohlaloga v S (1028/2023; 1112/2023) [2025] ZASCA 115 (8 August 2025)

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.

  • Fraud
  • Money Laundering
  • Minimum Sentencing
  • Abuse Of Public Trust
  • Prevention Of Organised Crime Act
  • Appeal Procedure
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Criminal Law [2025] ZANWHC 138

Mtalingoane v S (Appeal) (CA32/2024)

Mtalingoane v S (Appeal) (CA32/2024) [2025] ZANWHC 138 (7 August 2025)

The North West High Court dismissed an appeal against a life sentence for rape of a 14-year-old, finding no substantial and compelling circumstances.

  • Minimum Sentencing
  • Rape
  • Substantial And Compelling Circumstances
  • Remorse
  • Sexual Offences Register
  • Life-imprisonment
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Criminal Law [2025] ZANCHC 61

S v Pitso (Sentence) (KS 7/2025)

S v Pitso (Sentence) (KS 7/2025) [2025] ZANCHC 61 (1 August 2025)

Guilty-plea sentencing for murder and two assaults arising from domestic violence. The court found substantial and compelling circumstances and imposed 20 years’ imprisonment.

  • Minimum Sentencing
  • Domestic Violence
  • Murder
  • Assault
  • Remorse And Mitigation
  • Firearms Disqualification
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Criminal Law [2025] ZAGPPHC 777

S v Mthethwa and Others (Sentence) (CC62/2021)

S v Mthethwa and Others (Sentence) (CC62/2021) [2025] ZAGPPHC 777 (29 July 2025)

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…

  • Minimum Sentencing
  • Aggravating Circumstances
  • Kidnapping
  • Robbery With Aggravating Circumstances
  • Murder
  • Pre Sentence Detention
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Criminal Law [2025] ZALMPPHC 141

Mabela v S (Appeal) (A15/2024)

Mabela v S (Appeal) (A15/2024) [2025] ZALMPPHC 141 (29 July 2025)

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…

  • Rape
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Remorse
  • Grievous Bodily Harm
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Criminal Law [2025] ZAWCHC 299

C.V.D.M v S (Appeal) (A180/2023)

C.V.D.M v S (Appeal) (A180/2023) [2025] ZAWCHC 299 (22 July 2025)

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…

  • Rape
  • Attempted Murder
  • Gender Based Violence
  • Minimum Sentencing
  • Remorse
  • Victim Impact
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Criminal Law [2025] ZANCHC 59

S v Ciya (KS11/2024)

S v Ciya (KS11/2024) [2025] ZANCHC 59 (21 July 2025)

The High Court acquitted the accused of murder and defeating justice after finding the State’s single-witness and circumstantial evidence unreliable.

  • Murder
  • Circumstantial Evidence
  • Single Witness Rule
  • Minimum Sentencing
  • Domestic Violence
  • Attempt To Defeat Justice
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Criminal Law [2025] ZAFSHC 221

Tebe v The State (A163/2024)

Tebe v The State (A163/2024) [2025] ZAFSHC 221 (21 July 2025)

Appeal against rape conviction and life sentence for raping a 14-year-old child dismissed; condonation for the late appeal was granted.

  • Rape Of A Minor
  • Minimum Sentencing
  • Single Witness Rule
  • Condonation For Late Appeal
  • Rape-of-a-minor
  • Minimum-sentencing
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Criminal Law [2025] ZAWCHC 309

E.M v S (Appeal) (A55/2023)

E.M v S (Appeal) (A55/2023) [2025] ZAWCHC 309 (18 July 2025)

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…

  • Rape Of Minors
  • Minimum Sentencing
  • Child Witness Evidence
  • Credibility Assessment
  • Delay In Reporting
  • Pre-sentence Detention
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Criminal Law [2025] ZAECMKHC 54

Stunga v S (Appeal) (CA&R155/2024)

Stunga v S (Appeal) (CA&R155/2024) [2025] ZAECMKHC 54 (15 July 2025)

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.

  • Rape Of Minor
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Sentencing Discretion
  • Victim Impact Statement
  • Minimum-sentencing
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.