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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 772

Mashinini v Minister of Correctional Services and Another (Ex Tempore) (2023-098939)

Mashinini v Minister of Correctional Services and Another (Ex Tempore) (2023-098939) [2025] ZAGPPHC 772 (30 July 2025)

Urgent contempt application over non-release on parole dismissed because the Minister was not cited personally and non-compliance was not shown to be mala fide.

  • Contempt Of Court
  • Parole Release
  • Personal Citation Requirement
  • Mala Fides
  • Urgent Interdict
  • Contempt-of-court
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Criminal Law [2025] ZAWCHC 80

Booysen v S (Appeal) (A 204/2024)

Booysen v S (Appeal) (A 204/2024) [2025] ZAWCHC 80 (24 February 2025)

The High Court dismissed Randall Booysen’s sentence appeal and confirmed life imprisonment for rape of an 11-year-old child while he was on parole.

  • Rape
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Child Victim
  • Parole
  • Constitutional Right To Health
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Criminal Law [2022] ZAECMKHC 74

Tailor v S (CA&R 171/2022)

Tailor v S (CA&R 171/2022) [2022] ZAECMKHC 74 (19 October 2022)

The High Court dismissed a bail appeal by a man charged with firearm and ammunition possession, finding he had not shown that release was in the interests of justice.

  • Bail Application
  • Firearms Control Act
  • Schedule 5 Offences
  • Parole Conditions
  • Onus Of Proof
  • Bail-appeal
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Administrative Law [2022] ZAGPJHC 60

Smith v Minister of Justice and Correctional Services and Others (21/35658)

Smith v Minister of Justice and Correctional Services and Others (21/35658) [2022] ZAGPJHC 60 (11 February 2022)

The High Court reviewed and set aside a Parole Board decision that miscalculated a prisoner’s remission-based minimum detention period for Covid parole.

  • Promotion Of Administrative Justice Act
  • Remission Of Sentence
  • Parole Eligibility
  • Constitutional Rights
  • Correctional Services Act
  • Administrative-law
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Constitutional Law [2017] ZAGPPHC 1271

Phaahla v Minister of Justice and Correctional Services and Another (97569/15)

Phaahla v Minister of Justice and Correctional Services and Another (97569/15) [2017] ZAGPPHC 1271 (24 October 2017)

Respondents seek leave to appeal a Full Bench ruling on parole, equality, and discrimination under the Correctional Services Act and Constitution.

  • Parole Regime
  • Equality Rights
  • Unfair Discrimination
  • Limitation Of Rights
  • Retroactive Legislation
  • Costs Order
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Civil Procedure [2017] ZAFSHC 208

Mphatswe v Law Society of the Free State (4835/2015)

Mphatswe v Law Society of the Free State (4835/2015) [2017] ZAFSHC 208 (20 September 2017)

The High Court refused an attorney-admission application by an applicant on parole, holding he had not shown genuine and permanent reformation.

  • Admission Of Attorneys
  • Fit And Proper Person
  • Rehabilitation After Conviction
  • Parole And Professional Admission
  • Admission-of-attorneys
  • Fit-and-proper-person
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Civil Procedure [2016] ZAGPPHC 515

Kgatle v Minister of Justice And Correctional Services and Others (41072/2016)

Kgatle v Minister of Justice And Correctional Services and Others (41072/2016) [2016] ZAGPPHC 515 (25 May 2016)

The High Court struck the urgent habeas corpus application from the roll, finding that the applicant had not shown sufficient urgency and had not complied with urgent application procedures.

  • Urgent Application Practice
  • Habeas Corpus
  • Right Of Reply
  • Parole Conditions
  • Urgent-applications
  • Habeas-corpus
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Criminal Law [2016] ZAGPPHC 840

Mthimkhulu v S (A6/2012)

Mthimkhulu v S (A6/2012) [2016] ZAGPPHC 840 (17 February 2016)

The High Court dismissed an appeal against sentence for rape and robbery, holding that no substantial and compelling circumstances justified departing from the minimum sentence.

  • Minimum Sentences Act
  • Rape
  • Robbery With Aggravating Circumstances
  • Sentencing Principles
  • Parole Eligibility
  • Criminal-sentencing
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Criminal Law [2016] ZAGPPHC 82

Mohammed v S (A340/15)

Mohammed v S (A340/15) [2016] ZAGPPHC 82 (22 January 2016)

Appeal against a 40-year murder sentence failed, but the court set aside a 30-year non-parole recommendation as unlawful for a pre-2004 offence.

  • Sentencing Discretion
  • Murder
  • Attempted Murder
  • Unlawful Possession Of Firearm
  • Non Parole Period
  • Criminal-sentencing
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Criminal Law [2015] ZAGPPHC 373

Mkhatshwa v S (A865/14)

Mkhatshwa v S (A865/14) [2015] ZAGPPHC 373 (29 May 2015)

The High Court dismissed an appeal against a life sentence for statutory rape, holding that the trial court properly weighed the aggravating and mitigating factors.

  • Statutory Rape
  • Minimum Sentencing
  • Parole Violation
  • Sentencing Guidelines
  • Criminal-law
  • Sentencing
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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.