South Africa Case Law

S v Khoza (Sentence) (CC46/2024)

S v Khoza (Sentence) (CC46/2024) [2025] ZAGPPHC 756 (5 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC46/2024

Judge

Mosopa

The court found no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence for murder under section 51(1) of Act 105 of 1997. The accused's personal circumstances, including his deprived upbringing, lack of formal education, and responsibilities towards dependants, were considered but did not outweigh the seriousness of the offences and his extensive criminal history. The accused committed the current offences while on parole, demonstrating a pattern of recidivism and disregard for the law. The court emphasized the need for deterrence and retribution…

Source excerpt

• Minimum Sentencing
• Murder
• Attempted Robbery
• Immigration Offences
• Possession Of Stolen Property
• Parole Violation

Maphumulo v S (A375/2019)

Maphumulo v S (A375/2019) [2020] ZAGPPHC 816 (20 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

A375/2019

Judges

FMM Snyman, N V Khumalo

The appeal court found that the trial court misdirected itself by imposing a sentence of 20 years' imprisonment without warning the appellant of the possibility of a harsher sentence and without providing reasons for such deviation from the prescribed minimum. The prescribed minimum sentence for a first offence under section 51(2) of the Criminal Law Amendment Act 105 of 1997 is 15 years' imprisonment. The appellant's previous conviction for robbery and commission of the current offence while on parole were considered, but did not elevate him to a second offender status under the Act. No subs…

Source excerpt

• Minimum Sentencing
• Aggravating Circumstances
• Robbery With Aggravating Circumstances
• Substantial And Compelling Circumstances
• Parole Violation

S v Sithole (CC40/2019)

S v Sithole (CC40/2019) [2020] ZAGPPHC 497 (2 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

CC40/2019

Judge

PJ Johnson

The High Court sentenced the accused to life imprisonment for rape and 20 years for robbery with aggravating circumstances, finding no substantial and compelling circumstances.

• Rape With Grievous Bodily Harm
• Robbery With Aggravating Circumstances
• Mandatory Minimum Sentences
• Substantial And Compelling Circumstances
• Remorse
• Parole Violation

S v Dyosi (CC19/2017)

S v Dyosi (CC19/2017) [2019] ZAECMHC 40 (19 July 2019)

Court

Eastern Cape High Court, Mthatha

Case number

CC19/2017

Judge

M.S. Jolwana

Sentencing decision for multiple rapes and murders committed while the accused was on parole, resulting in life imprisonment for the murder counts and 15 years for each rape count.

• Minimum Sentencing
• Rape
• Murder
• Serial Offences
• Parole Violation
• Sentencing Principles

Twala v S (A156/2019)

Twala v S (A156/2019) [2019] ZAGPPHC 1105 (27 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

A156/2019

Judge

Vuma

The High Court upheld a bail appeal, finding the magistrate erred by refusing bail based mainly on parole status without adequate support.

• Bail Application
• Parole Violation
• Criminal Procedure Act
• Interests Of Justice
• Bail-application
• Bail-appeal

Maimela v S (A 263/16)

Maimela v S (A 263/16) [2016] ZAGPPHC 687 (21 July 2016)

Court

North Gauteng High Court, Pretoria

Case number

A 263/16

Judge

S S Maakane

The High Court dismissed a bail appeal by an accused facing Schedule 6 offences, finding no exceptional circumstances and confirming detention pending trial.

• Bail Application
• Exceptional Circumstances
• Propensity To Commit Offences
• Breach Of Bail Conditions
• Parole Violation
• Bail-appeal

Williams v S (A118/2015)

Williams v S (A118/2015) [2015] ZAWCHC 179 (27 November 2015)

Court

Western Cape High Court, Cape Town

Case number

A118/2015

Judges

Riley, Saldanha

The High Court dismissed an appeal against rape convictions and life imprisonment, upholding the complainant’s credibility and the prescribed minimum sentence.

• Rape Of Minor
• Minimum Sentencing
• Single Witness Evidence
• Victim Impact Reports
• Habitual Offender
• Parole Violation

Johnson v S (A146/2015)

Johnson v S (A146/2015) [2015] ZAWCHC 84 (8 June 2015)

Court

Western Cape High Court, Cape Town

Case number

A146/2015

Judges

Riley, Ndita

The court upheld an appeal against sentence for parole breach, finding the trial court overemphasized seriousness and failed to properly weigh mitigation.

• Parole Violation
• Sentencing Principles
• Community Corrections
• Mitigating Factors
• Sentence-appeal
• Parole-violation

Mkhatshwa v S (A865/14)

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

Court

North Gauteng High Court, Pretoria

Case number

A865/14

Judges

Hughes, De Vries

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

Ngakane v S (A573/2014)

Ngakane v S (A573/2014) [2015] ZAGPPHC 54 (7 February 2015)

Court

North Gauteng High Court, Pretoria

Case number

A573/2014

Judges

Tuchten, EM Kubushi

The High Court dismissed an appeal against a 15-year sentence for housebreaking and robbery, holding that the appellant was a repeat offender who offended while on parole.

• Sentencing Principles
• Aggravating Circumstances
• Repeat Offender
• Parole Violation
• Robbery With Aggravating Circumstances
• Sentencing-principles