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South Africa Case Law

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Criminal Law [2025] ZAECMHC 59

S v N.M (Sentence) (CC03/2025)

S v N.M (Sentence) (CC03/2025) [2025] ZAECMHC 59 (20 June 2025)

Sentencing judgment for murder and housebreaking. The court found substantial and compelling circumstances and imposed 8 years plus two 15-year terms, with concurrency.

  • Sentencing Principles
  • Minimum Sentences
  • Domestic Violence
  • Mitigating Factors
  • Substantial And Compelling Circumstances
  • Sentencing-principles
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Labour Law [2025] ZALCJHB 201

Sasol South Africa (Pty) Ltd Sasol Operations v National Bargaining Council for Chemical Industry and Others (JR133/21)

Sasol South Africa (Pty) Ltd Sasol Operations v National Bargaining Council for Chemical Industry and Others (JR133/21) [2025] ZALCJHB 201 (30 May 2025)

The court held that the commissioner properly considered all relevant evidence, including the seriousness of the misconduct, the employer's disciplinary code, and the mitigating factors present in Conroy's case. The commissioner did not commit any material error or irregularity, and her conclusion that dismissal was substantively unfair was reasonable. The employer failed to demonstrate an irreparable breakdown of the trust relationship, as Conroy continued working without incident for almost a year after the assault. The commissioner correctly weighed the totality of circumstances, including…

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Disciplinary Code
  • Mitigating Factors
  • Breakdown Of Trust Relationship
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Criminal Law [2025] ZANCHC 49

Kenosi v S (Appeal on sentence) (CA&R 12/2024)

Kenosi v S (Appeal on sentence) (CA&R 12/2024) [2025] ZANCHC 49 (25 April 2025)

The court found that the appellant's personal circumstances, including his guilty plea, alleged remorse, and claim of being a primary caregiver, did not constitute substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment for each count of rape. The evidence showed that the appellant targeted vulnerable minor victims in their home, demonstrating predatory behavior. The presentence report indicated that the appellant was not the primary caregiver, as his children were cared for by their grandparents in a stable environment. The cour…

  • Rape
  • Minimum Sentencing
  • Primary Caregiver
  • Best Interests Of Child
  • Mitigating Factors
  • Appeal Procedure
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Criminal Law [2025] ZAGPPHC 404

Maelane and Another v S (A180/2023)

Maelane and Another v S (A180/2023) [2025] ZAGPPHC 404 (16 April 2025)

The High Court dismissed a murder conviction appeal but reduced life sentences to 20 years, holding the appellants exceeded self-defence and acted in common purpose.

  • Murder
  • Self Defence
  • Common Purpose
  • Sentencing Principles
  • Minimum Sentences
  • Mitigating Factors
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Criminal Law [2025] ZAWCHC 150

S v Heugh (A99/2023)

S v Heugh (A99/2023) [2025] ZAWCHC 150 (27 March 2025)

The High Court dismissed Marlon Heugh’s appeal against sentence for two murders, holding that the Regional Magistrate properly applied minimum sentencing law.

  • Minimum Sentencing
  • Murder
  • Sentencing Triage
  • Mitigating Factors
  • Victim Impact Statements
  • Minimum-sentencing
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Criminal Law [2025] ZANWHC 16

Mboyena v S (CA 35/2020)

Mboyena v S (CA 35/2020) [2025] ZANWHC 16 (28 January 2025)

The High Court condoned a late criminal appeal but dismissed the appellant’s challenge to a 25-year rape sentence, finding no basis to interfere.

  • Rape Sentencing
  • Substantial And Compelling Circumstances
  • Criminal Law Amendment Act
  • Minimum Sentences
  • Appellate Review
  • Mitigating Factors
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Criminal Law [2024] ZANWHC 290

Momoke v S (CA29/2024)

Momoke v S (CA29/2024) [2024] ZANWHC 290 (26 November 2024)

The High Court dismissed an appeal against a 10-year sentence for attempted murder, holding there was no misdirection and the trial court properly exercised its discretion.

  • Sentencing Discretion
  • Attempted Murder
  • Mitigating Factors
  • Previous Convictions
  • Attempted-murder
  • Criminal-sentencing
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Criminal Law [2024] ZANWHC 265

Moreo v S (CA22/2021)

Moreo v S (CA22/2021) [2024] ZANWHC 265 (24 October 2024)

The High Court dismissed an appeal against a 10-year rape sentence, holding that the appellant’s age and first-offender status did not justify departure from the minimum sentence.

  • Rape
  • Minimum Sentencing
  • Mitigating Factors
  • Appeal Against Sentence
  • Compelling Circumstances
  • Minimum-sentencing
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Criminal Law [2024] ZANWHC 258

Mathobela v S (CA05/2020)

Mathobela v S (CA05/2020) [2024] ZANWHC 258 (17 October 2024)

The High Court dismissed an appeal against a six-year sentence for fraud and theft, holding there was no misdirection and direct imprisonment was justified.

  • Sentencing Discretion
  • Fraud
  • Theft
  • Correctional Supervision
  • Mitigating Factors
  • Sentencing-discretion
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Criminal Law [2024] ZAGPPHC 1043

S v Masukunya (Sentence) (CC82/2023)

S v Masukunya (Sentence) (CC82/2023) [2024] ZAGPPHC 1043 (14 October 2024)

The accused was convicted of murder with dolus eventualis in the death of a 9-year-old child and sentenced to 25 years’ imprisonment, with firearm disqualification ordered.

  • Murder
  • Minimum Sentencing
  • Dolus Eventualis
  • Mitigating Factors
  • Child Victim
  • Firearms Disqualification
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About this LexChat collection

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.