Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Phaladi v S (A74/2022) [2023] ZAGPJHC 899 (11 August 2023)
Appeal against two rape convictions and life sentences dismissed. The High Court upheld the trial court’s reliance on witness evidence, DNA proof, and minimum-sentence reasoning.
Mthombeni v S (AR680/2018P) [2020] ZAKZPHC 25; 2020 (2) SACR 384 (KZP) (8 July 2020)
The court held that the appellant's conviction for rape fell within item (a)(i) of Part I of Schedule 2 to the Criminal Law Amendment Act 105 of 1997, which applies when the victim was raped more than once, whether by the accused or by any co-perpetrator or accomplice. The court found that the interpretation advanced in Mahlase, requiring all perpetrators to be convicted before the minimum sentence applies, is not binding in this context and is inconsistent with constitutional values of equality and human dignity. The court reasoned that the prescribed minimum sentence of life imprisonment is…
Source excerpt
Nyaku v S (A212/2018) [2018] ZAFSHC 208; 2020 (2) SACR 102 (FB) (22 November 2018)
The court held that although the appellant was convicted of multiple-rape and the facts justified a life sentence, the Mahlase-dictum, as binding precedent, precluded sentencing under section 51(1) where not all perpetrators were tried together. The charge was properly amended under section 86 of the CPA, and the appellant was not prejudiced, having been represented and informed of the consequences. The court found that the conviction must be deemed under section 51(2)(b), but, exercising its inherent jurisdiction, confirmed the life sentence as appropriate given the gravity of the offence an…
Source excerpt
S v Sekgobela and Another , S v Tebele ; S v Kilane ; S v Mahlasela ; S v Magasela (A953/02 , A49/03 , A680/04 , A9/03 , A499/03) [2006] ZAGPHC 19; 2006 (2) SACR 309 (W) (2 March 2006)
The High Court set aside regional court sentences for rape cases caught by section 52 of the Criminal Law Amendment Act and referred each matter for High Court sentencing.
Explore more
