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South Africa decisions
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Olifant v S (A139/2023) [2024] ZAGPJHC 746 (29 July 2024)
The High Court dismissed a sentence appeal by a repeat rape offender and confirmed life imprisonment, finding no substantial and compelling circumstances.
S v Tyolo (04/2024) [2024] ZAECMKHC 30; 2024 (2) SACR 39 (ECMk) (14 March 2024)
The court held that belief in witchcraft, on its own, cannot constitute a substantial and compelling circumstance to justify deviation from the prescribed minimum sentence of life imprisonment for murder linked to witchcraft-related offences. The legislature has expressly included such offences as deserving of the most severe punishment. The accused's personal circumstances, including his guilty plea, alcohol consumption, and support for his children, were outweighed by aggravating factors: the premeditated and brutal nature of the murder, the victim's advanced age, the familial relationship,…
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Sedumoeng v S (CA 25/2023) [2024] ZANWHC 19 (8 February 2024)
The court found that the appellant committed rape and robbery with aggravating circumstances against a vulnerable elderly woman, with violence and disregard for her dignity and property. The prescribed minimum sentence of life imprisonment for rape of an elderly person applies unless substantial and compelling circumstances justify deviation. The appellant's personal circumstances, including his age, lack of dependents, and intermittent employment, were considered but found insufficient to warrant a lesser sentence. The trial court's finding that no substantial and compelling circumstances ex…
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Ntantiso v S (CA&R198/2021) [2022] ZAECMKHC 10 (10 May 2022)
The High Court dismissed an appeal against a life sentence for rape, holding that the minimum-sentence regime applied and no substantial and compelling circumstances were shown.
I.T v S (A254/2020) [2021] ZAGPPHC 360; 2021 (2) SACR 494 (GP) (25 May 2021)
Appeal against a 10-year rape sentence dismissed; sentence confirmed. The sexual offenders register order was set aside, and older-persons abuse registration directed.
S v Klaas (CC51/2020) [2020] ZAECGHC 138 (30 November 2020)
The court found that the accused's personal circumstances, including his age, lack of prior sexual offence convictions, and guilty plea, did not amount to substantial and compelling circumstances justifying a departure from the prescribed minimum sentence. The aggravating factors, including the complainant's advanced age, the time and nature of the attack, the invasion of her home, and the accused's history of violent and property-related offences, outweighed any mitigating factors. The guilty plea was considered a neutral factor, given the overwhelming DNA evidence. The court emphasized the…
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Imbumba Association for the Aged v MEC for Social Development Eastern Cape and Another (1789/2020) [2020] ZAECGHC 112 (1 October 2020)
The court found that the Department's unilateral decision to reduce and withhold funding under the service level agreements constituted a repudiation of those agreements. The applicant's members had performed their obligations by adapting service delivery to home-based care during the pandemic, which was both necessary and consistent with the underlying purpose of the agreements and the Department's constitutional obligations. The Department failed to follow the contractual procedures for reducing funding, did not consult or negotiate, and did not provide evidence that alternative support was…
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Firstrand Bank Limited t/a FNB Insurance Brokers v Prithipal and Another (14495/14) [2015] ZAKZDHC 26 (6 March 2015)
The court dismissed an application to enforce a restraint of trade, finding no protectable customer connection and holding that public policy favored the first respondent’s right to work.
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