South Africa Case Law

Mhlongo v S (AR137/2024)

Mhlongo v S (AR137/2024) [2025] ZAKZPHC 17 (24 February 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR137/2024

Judges

Henriques, Harrison

The court found that the sentencing court committed a misdirection by imposing a non-parole period of 18 years without inviting representations from the parties or providing reasons for invoking s 276B of the Criminal Procedure Act. This procedural irregularity entitled the appeal court to interfere with the non-parole order. However, the court held that the sentence of 25 years' imprisonment for rape was appropriate, considering the seriousness of the offence, the aggravating circumstances, and the application of the Zinn triad. The appellant's personal circumstances did not outweigh the gra…

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• Rape
• Sentencing
• Non Parole Period
• Criminal Procedure Act
• Minimum Sentences

Sithole v S (CCT 118/23)

Sithole v S (CCT 118/23) [2024] ZACC 31; 2025 (1) SACR 349 (CC); 2025 (6) BCLR 693 (CC) (20 December 2024)

Court

Constitutional Court

Case number

CCT 118/23

Judges

Madlanga, Kollapen, Majiedt, Mhlantla, Rogers, Seegobin, Theron, Tolmay, Tshiqi

The Constitutional Court held that the High Court materially misdirected itself by imposing a non-parole period without affording the applicant and respondent an opportunity to make submissions and without establishing exceptional circumstances. This violated the requirements of section 276B of the Criminal Procedure Act and the applicant's right to a fair trial. The respondent conceded the error and did not oppose the removal of the non-parole period. The Court found that the applicant's delay in filing was excusable due to his incarceration and the pandemic, and condonation was granted. How…

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• Non Parole Period
• Fair Trial Rights
• Exceptional Circumstances
• Condonation
• Section 276b Criminal Procedure Act

Barker v S (A282/23)

Barker v S (A282/23) [2024] ZAGPPHC 506 (27 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

A282/23

Judges

Cox, Holland-Müter, Mogotsi

An appeal against life imprisonment for premeditated murder, 18 years for attempted murder, and a 25-year non-parole period was dismissed.

• Premeditated Murder
• Attempted Murder
• Minimum Sentences
• Non Parole Period
• Sentencing Discretion
• Gender Based Violence

Ndlovu v S (A121/23)

Ndlovu v S (A121/23) [2023] ZAGPPHC 1804 (16 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

A121/23

Judges

M P Motha, Selby Baqwa, J Yende

Appeal against a 38-year non-parole period succeeded. The High Court held the order exceeded section 276B and removed the non-parole period.

• Non Parole Period
• Sentencing Jurisdiction
• Separation Of Powers
• Misdirection
• Life Imprisonment
• Non-parole-period

Chologi v Chairperson: Correctional Supervision and Parole Board and Another (048802/2022)

Chologi v Chairperson: Correctional Supervision and Parole Board and Another (048802/2022) [2022] ZAGPJHC 1003 (12 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

048802/2022

Judge

Mudau

The court found that the applicant's eligibility for parole must be determined in accordance with the Correctional Services Act 8 of 1959, as the offences were committed prior to the promulgation of the harsher parole regime. The Parole Board's reliance on the non-parole period imposed at sentencing was unlawful, as it amounted to retrospective application of a more severe punishment, contrary to constitutional principles and the authority of Phaahla. The respondents failed to provide adequate written reasons for their decision, and their assertions regarding pending cases and eligibility wer…

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• Promotion Of Administrative Justice Act
• Parole Eligibility
• Non Parole Period
• Retrospective Punishment
• Constitutional Rights

S v Makgopa and Others (SS87/2021)

S v Makgopa and Others (SS87/2021) [2022] ZAGPJHC 470; 2023 (2) SACR 208 (GJ) (18 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

SS87/2021

Judge

S D J Wilson

The High Court sentenced three accused to life imprisonment for premeditated murder and kidnapping, rejecting youth and 21 months’ pre-trial detention as mitigating factors.

• Premeditated Murder
• Common Purpose
• Minimum Sentencing
• Pre Trial Incarceration
• Non Parole Period
• Kidnapping

Moyo v Minister of Justice & Correctional Services and Others (13908/21)

Moyo v Minister of Justice & Correctional Services and Others (13908/21) [2022] ZAGPPHC 421 (13 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

13908/21

Judge

Baqwa

The court found that the applicant's delay in bringing the review application was not inordinate, given the circumstances and the triggering effect of the Constitutional Court's Phaahla judgment. The third respondent's decision to deny parole was based on an incorrect interpretation of the law, specifically the retrospective application of chapters 4, 6, and 7 of the Correctional Services Act to the applicant, which was contrary to the Phaahla judgment. The applicant was entitled to be considered for parole under the previous policy and guidelines, and the third respondent's decision was revi…

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• Parole Eligibility
• Non Parole Period
• Review Of Administrative Action
• Promotion Of Administrative Justice Act

Zondi v S (AR117/2021)

Zondi v S (AR117/2021) [2022] ZAKZDHC 27 (2 June 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

AR 117/2021

Judges

D Pillay, ME Nkosi, M Reddi

An appeal against rape convictions by a child complainant was dismissed, but the non-parole period was set aside. Life imprisonment was otherwise confirmed.

• Rape
• Single Witness Evidence
• Minimum Sentencing
• Non Parole Period
• Child Victim
• Credibility Assessment

Mahlangu v S (A7/2021)

Mahlangu v S (A7/2021) [2021] ZAGPPHC 702 (26 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

A7/2021

Judges

H.M.S. Msimang, R. Strydom

The High Court dismissed an appeal against rape and assault convictions, upholding the complainant’s evidence, corroboration, and the non-parole period.

• Rape Of Minor
• Minimum Sentencing
• Non Parole Period
• Credibility Of Single Witness
• Judicial Discretion In Sentencing
• Rape-of-minor

Masekoane v S (A301/2020)

Masekoane v S (A301/2020) [2021] ZAGPPHC 399 (21 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

A301/2020

Judges

Mokose, Meersingh

The High Court upheld a sentence appeal only against a non-parole order, finding the trial court misdirected itself by imposing it without proper submissions.

• Sentencing Discretion
• Minimum Sentences
• Non Parole Period
• Aggravating And Mitigating Factors
• Firearms Control
• Remorse And Admissions