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South Africa Case Law

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Criminal Law [2025] ZAWCHC 15

X.W v S (A06/2023)

X.W v S (A06/2023) [2025] ZAWCHC 15 (24 January 2025)

Appeal against rape convictions and life sentence dismissed. The court found no proven inadequate representation, upheld the evidence, and confirmed minimum sentencing.

  • Sexual Offences And Related Matters Amendment Act
  • Minimum Sentencing Regime
  • Inadequate Legal Representation
  • Single Witness Rule
  • Child Victim
  • Appeal Procedure
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Criminal Law [2024] ZAGPJHC 976

S v Mokgola (SS31/2023)

S v Mokgola (SS31/2023) [2024] ZAGPJHC 976 (19 September 2024)

After conviction for murder and child abuse, the High Court imposed life imprisonment, five years’ imprisonment, and declared the accused unfit to possess a firearm.

  • Minimum Sentencing Regime
  • Murder
  • Child Abuse
  • Substantial And Compelling Circumstances
  • Remorse
  • Firearm Disqualification
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Criminal Law [2024] ZAGPJHC 775

S v Praise (Sentence) (SS 57/2023)

S v Praise (Sentence) (SS 57/2023) [2024] ZAGPJHC 775 (15 August 2024)

Sentence for murder, unlicensed firearm and ammunition possession, and defeating the ends of justice: 20 years’ imprisonment for murder, with concurrent terms on the other counts.

  • Murder
  • Possession Of Unlicensed Firearm
  • Possession Of Unlicensed Ammunition
  • Defeating Ends Of Justice
  • Minimum Sentencing Regime
  • Mitigation And Aggravation
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Criminal Law [2024] ZAGPPHC 701

Mtshali v S (A268/2023)

Mtshali v S (A268/2023) [2024] ZAGPPHC 701 (18 July 2024)

The court found that the appellant did not admit, nor did the State prove, that he had knowledge of the semi-automatic nature of the firearm at the time of possession. The minimum sentence regime under section 51(2) of Act 105/97 therefore could not be invoked. The conviction and sentence under the minimum sentencing legislation were set aside and replaced with a conviction and sentence under the Firearms Control Act 60 of 2000. The appellant was sentenced to 7 years imprisonment for unlawful possession of a firearm and 1 year for unlawful possession of ammunition, with the sentences to run c…

  • Minimum Sentencing Regime
  • Unlawful Possession Of Firearm
  • Mens Rea
  • Firearms Control Act
  • Jurisdictional Facts
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Criminal Law [2024] ZANWHC 176

Sera v S (CA 35/2019)

Sera v S (CA 35/2019) [2024] ZANWHC 176 (10 July 2024)

The High Court upheld an appeal against sentence, setting aside life imprisonment for rape and replacing it with 15 years, concurrent with count 1.

  • Minimum Sentencing Regime
  • Rape
  • Fair Trial Rights
  • Charge Sheet Defects
  • Criminal-sentencing
  • Minimum-sentencing-regime
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Criminal Law [2023] ZAWCHC 23

Jacobs v S (A 190/2022)

Jacobs v S (A 190/2022) [2023] ZAWCHC 23 (10 February 2023)

The High Court upheld a sentence appeal, set aside life imprisonment for rape and attempted rape, and imposed 20 years’ direct imprisonment instead.

  • Rape
  • Minimum Sentencing Regime
  • Substantial And Compelling Circumstances
  • Mitigating Factors
  • Gender Based Violence
  • Correctional Services Act
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Criminal Law [2022] ZAGPJHC 1030

S v Likgopo (Sentence) (SS32/2022)

S v Likgopo (Sentence) (SS32/2022) [2022] ZAGPJHC 1030 (28 November 2022)

High Court sentence in a murder and robbery matter: life imprisonment for one murder, with concurrent sentences on the remaining counts.

  • Minimum Sentencing Regime
  • Murder
  • Robbery With Aggravating Circumstances
  • Unlawful Possession Of Firearm
  • Unlawful Possession Of Ammunition
  • Attempted Murder
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Criminal Law [2022] ZAGPPHC 918

Walters and Another v S (A83/2022)

Walters and Another v S (A83/2022) [2022] ZAGPPHC 918 (24 November 2022)

The court held that the reference to section 51(2) in the charge sheet did not preclude the application of section 51(1) for sentencing purposes. The appellants were charged with murder committed in the furtherance of a common purpose, which falls under Part I of Schedule 2 of the Criminal Law Amendment Act and attracts the minimum sentence of life imprisonment. The magistrate properly informed the appellants of the sentencing risks before their plea, and their constitutional rights to a fair trial were not breached. The sentencing regime is determined by the proven elements of the offence, n…

  • Minimum Sentencing Regime
  • Common Purpose Liability
  • Murder
  • Criminal Law Amendment Act
  • Plea Of Guilty
  • Sentencing Jurisdiction
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Criminal Law [2022] ZAWCHC 205

Bilikwana v S (A152/2022)

Bilikwana v S (A152/2022) [2022] ZAWCHC 205 (26 October 2022)

Appeal against rape conviction of a minor dismissed, but sentence reduced from 18 to 15 years because the appellant was misinformed about the applicable minimum sentence.

  • Rape Of Minor
  • Minimum Sentencing Regime
  • Credibility Of Single Witness
  • Irregularity In Charge
  • Appeal Against Sentence
  • Rape-of-minor
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Criminal Law [2022] ZANCHC 26

P.W v S (CA&R7/2022)

P.W v S (CA&R7/2022) [2022] ZANCHC 26 (20 May 2022)

The High Court dismissed the conviction appeal in a rape matter but set aside the life sentence, replacing it with 10 years’ imprisonment.

  • Sexual Offences And Related Matters Amendment Act
  • Admissibility Of Hearsay Evidence
  • Minimum Sentencing Regime
  • Competency Of Witnesses
  • Circumstantial Evidence
  • Criminal-law
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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.