South Africa Case Law

S v Makasi and Another (Sentence) (CC14/2024)

S v Makasi and Another (Sentence) (CC14/2024) [2024] ZAECQBHC 77 (19 December 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

CC14/2024

Judge

Noncembu

The court found that accused 1's role in the robbery was limited compared to his co-perpetrators, and he did not share in the proceeds, which constituted substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. However, a lengthy term of imprisonment was still warranted due to his active participation. For accused 3, the evidence demonstrated that he was the mastermind, acted with extreme brutality, showed no remorse, and terrorized the community. His personal circumstances did not justify deviation, and the prescribed minimum sentences were proporti…

Source excerpt

• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Kidnapping
• Attempted Murder
• Murder

S v Bezuidenhout (Sentence) (CC10/2023)

S v Bezuidenhout (Sentence) (CC10/2023) [2024] ZAWCHC 344 (4 October 2024)

Court

Western Cape High Court, Cape Town

Case number

CC10/2023

Judge

Gamble

The High Court sentenced Waydon Bezuidenhout to life imprisonment for premeditated murder, with consecutive-related terms for kidnapping and obstruction of justice running concurrently.

• Minimum Sentencing Legislation
• Premeditated Murder
• Kidnapping
• Obstruction Of Justice
• Substantial And Compelling Circumstances
• Criminal-sentencing

Lesetedi v S (CA 24/2023)

Lesetedi v S (CA 24/2023) [2024] ZANWHC 240 (18 September 2024)

Court

North West High Court, Mafikeng

Case number

CA 24/2023

Judges

A B Scarrott, N Laubscher

High Court criminal appeal dismissed. The court upheld a 15-year minimum sentence for murder, finding no substantial and compelling reasons to reduce it.

• Minimum Sentencing Legislation
• Murder
• Substantial And Compelling Circumstances
• Appeal On Sentence
• Firearm Disqualification
• Appeal-on-sentence

Sibisi and Another v S (AR171/20)

Sibisi and Another v S (AR171/20) [2024] ZAKZPHC 107 (11 September 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR171/20

Judges

Henriques, M E Nkosi, M Tucker

The High Court upheld the appellants’ sentence appeal, finding the trial court failed to consider time spent in custody awaiting trial and other mitigating factors.

• Minimum Sentencing Legislation
• Substantial And Compelling Circumstances
• Common Purpose
• Sentencing Triads
• Time Spent In Custody
• Criminal-sentencing

S v Manzana and Another (CC31/2024)

S v Manzana and Another (CC31/2024) [2024] ZAECMKHC 93 (14 August 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CC31/2024

Judge

N Molony

Sentencing judgment in a murder and robbery case arising from farm housebreakings and a shooting death. The High Court imposed life imprisonment and concurrent terms.

• Murder
• Robbery With Aggravating Circumstances
• Housebreaking And Theft
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Minimum Sentencing Legislation

S.M v S (CA&R: 27/2022)

S.M v S (CA&R: 27/2022) [2024] ZAECBHC 20 (16 July 2024)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R: 27/2022

Judges

Bands, Rusi

High Court appeal against a life sentence for raping a 10-year-old child was dismissed. The court found no substantial and compelling circumstances.

• Rape Of Minor
• Minimum Sentencing Legislation
• Substantial And Compelling Circumstances
• Proportionality In Sentencing
• Mitigating Factors
• Appeal On Sentence

Runqu v S (CA&R31/2021)

Runqu v S (CA&R31/2021) [2024] ZAECBHC 5 (16 April 2024)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R31/2021

Judges

Dunywa, A. Govindjee

High Court appeal against life imprisonment for rape of a minor dismissed. The court held that age alone was not a substantial and compelling circumstance.

• Rape Of Minor
• Minimum Sentencing Legislation
• Substantial And Compelling Circumstances
• Sentencing Discretion
• Victim Impact Statement
• Rape-of-minor

Ndebele and Others v S (Leave to Appeal) (CC71/2020)

Ndebele and Others v S (Leave to Appeal) (CC71/2020) [2024] ZAGPPHC 246 (21 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC71/2020

Judge

PD. Phahlane

The court found that none of the applicants demonstrated reasonable prospects of success on appeal. For accused 1, the grounds raised were either contradictory or unsupported by the facts and law, and the prescribed sentences were imposed after proper consideration of personal circumstances and time spent in custody. For accused 2, the evidence established his participation in the planning and execution of the murder, and his actions constituted common purpose. For accused 3, the evidence showed his involvement in facilitating the crime, including arranging the firearm, transporting the perpe…

Source excerpt

• Leave To Appeal Threshold
• Sentencing Discretion
• Common Purpose Liability
• Substantial And Compelling Circumstances
• Concurrent Sentences
• Minimum Sentencing Legislation

Director of Public Prosecutions, KwaZulu-Natal v A.P (AR336/2021)

Director of Public Prosecutions, KwaZulu-Natal v A.P (AR336/2021) [2022] ZAKZPHC 76; 2023 (1) SACR 203 (KZP) (25 November 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR336/2021

Judges

Olsen, Balton

The High Court upheld an appeal against sentence for 16 fraud counts, finding the magistrate misdirected herself and substituting a 12-year composite sentence.

• Fraud
• Minimum Sentencing Legislation
• Mitigation Of Sentence
• Credit Facility Abuse
• Corporate Crime
• Remorse In Sentencing

Sogoni v S (A243/21)

Sogoni v S (A243/21) [2022] ZAWCHC 136; 2023 (1) SACR 290 (WCC) (18 July 2022)

Court

Western Cape High Court, Cape Town

Case number

A243/21

Judges

Binns-Ward, Savage

Appeal against rape convictions dismissed, but the life sentence was set aside and remitted for resentencing with proper victim-impact and rehabilitation reports.

• Rape Of Minor
• Minimum Sentencing Legislation
• Single Witness Evidence
• Victim Impact Reports
• Rape-of-minor
• Minimum-sentencing