South Africa Case Law

S v Williams and Another (CC74/2021)

S v Williams and Another (CC74/2021) [2025] ZAWCHC 148 (27 March 2025)

Court

Western Cape High Court, Cape Town

Case number

CC74/2021

Judge

Da Silva Salie

The court found that the State proved beyond reasonable doubt that accused 2, Reagan Davids, was one of the perpetrators who committed housebreaking with intent to murder, robbery with aggravating circumstances, attempted murder of Kulsoem Dennis and Ibtisaam Dennis, and the murder of Hashim Ahmed Dennis. The identification evidence of Ibtisaam Dennis was found credible and reliable, corroborated by cell phone records, CCTV footage, and circumstantial evidence. The accused's version was rejected as false beyond reasonable doubt due to contradictions, improbabilities, and lack of corroboration…

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• Planned Murder
• Housebreaking With Intent To Commit Murder
• Robbery With Aggravating Circumstances
• Attempted Murder
• Identification Evidence
• Common Purpose

S v Gqogqo and Another - Sentence (CC 35/2021)

S v Gqogqo and Another - Sentence (CC 35/2021) [2024] ZAECELLC 3 (15 February 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

CC 35/2021

Judge

T Malusi

Sentencing judgment for a planned murder, firearm and ammunition offences. The High Court imposed life imprisonment for murder and concurrent terms for the remaining counts.

• Minimum Sentencing
• Planned Murder
• Common Purpose
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Abuse Of Older Person

S v Ntamehlo (CC60/2021)

S v Ntamehlo (CC60/2021) [2023] ZAWCHC 181; 2023 (2) SACR 518 (WCC) (2 August 2023)

Court

Western Cape High Court, Cape Town

Case number

CC60/2021

Judge

DM Thulare

The court found that the accused planned and executed the murder of his wife to deprive her of her share in the joint estate, constituting an aggravating factor. The history of domestic violence, the calculated nature of the crime, and the subsequent attempt to conceal the body demonstrated extreme callousness and controlling behaviour. No substantial and compelling circumstances were presented to justify deviation from the prescribed minimum sentence. The court held that public policy, reasonableness, and fairness require that a spouse who intentionally kills their partner should forfeit any…

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• Planned Murder
• Domestic Violence
• Forfeiture Of Matrimonial Property
• Unworthy Spouse Principle
• Minimum Sentencing
• Child Welfare

S v Tshabalala (SS30/2022)

S v Tshabalala (SS30/2022) [2022] ZAGPJHC 881 (11 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

SS30/2022

Judge

M S Makamu

The High Court held that the accused’s plea amounted to murder under section 51(1) of the CLAA and imposed life imprisonment, finding no substantial and compelling circumstances.

• Murder
• Minimum Sentencing
• Mitigation Of Sentence
• Remorse
• Planned Murder
• Special Entry Irregularity

S v Makhala and Others (CC06/19)

S v Makhala and Others (CC06/19) [2019] ZAWCHC 183 (13 December 2019)

Court

Western Cape High Court, Cape Town

Case number

CC06/19

Judge

R C A Henney

The High Court sentenced three accused to life imprisonment for a planned contract murder and concurrent 5-year terms for firearm offences.

• Planned Murder
• Contract Killing
• Sentencing Guidelines
• Firearms Offences
• Substantial And Compelling Circumstances
• Planned-murder

S v Nkomo (158/2016)

S v Nkomo (158/2016) [2018] ZAGPJHC 47 (22 March 2018)

Court

South Gauteng High Court, Johannesburg

Case number

158/2016

Judge

C K Matshitse

Sentencing judgment for planned murder and firearm offences, with the court rejecting substantial and compelling circumstances but imposing concurrent prison terms.

• Planned Murder
• Minimum Sentencing
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Mitigation Of Sentence
• Victim Impact Reports

S v Khumalo and Another (227/2013)

S v Khumalo and Another (227/2013) [2015] ZAGPJHC 220 (4 May 2015)

Court

South Gauteng High Court, Johannesburg

Case number

227/2013

Judge

Dosio

After guilty pleas, the High Court imposed life sentences for planned murder and mandatory terms for robbery and firearm offences, finding no substantial and compelling circumstances.

• Robbery With Aggravating Circumstances
• Planned Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Minimum Sentencing
• Substantial And Compelling Circumstances

S v Mlombo (CC 25/2010)

S v Mlombo (CC 25/2010) [2011] ZAGPJHC 212 (18 February 2011)

Court

South Gauteng High Court, Johannesburg

Case number

CC 25/2010

Judge

Meyer

The High Court sentenced Jika Elvis Mlombo to life imprisonment for planned murder and concurrent terms for firearm and ammunition possession, finding no substantial and compelling circumstances.

• Planned Murder
• Minimum Sentencing
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Substantial And Compelling Circumstances
• Planned-murder

S v Jacobs en Anders

S v Jacobs en Anders [2010] ZAWCHC 641; ; CC 07/10 (3 December 2010)

Court

Western Cape High Court, Cape Town

Case number

CC 07/10

Judge

S Olivier

The court found all three accused guilty of robbery with aggravating circumstances and murder. In considering sentence, the court weighed the seriousness of the offences, the degree of violence, and the impact on the victims and community. For Jacobs and Davids, the court identified substantial and compelling circumstances, including their limited prior criminal records, personal backgrounds, and roles in the offences, justifying deviation from the statutory minimum sentences. Both were sentenced to 8 years for robbery and 15 years for each murder, with sentences to run concurrently. Jacobs r…

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• Sentencing Minimums
• Robbery With Aggravating Circumstances
• Planned Murder
• Substantial And Compelling Circumstances
• Money Laundering
• Multiple Accused Sentencing

Langa v S (AR490/09)

Langa v S (AR490/09) [2010] ZAKZPHC 96 (23 September 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR490/09

Judges

Steyn, Gorven, Govindasamy

Appeal against sentence dismissed in a planned-murder case. The court upheld life imprisonment and found no unfair-trial irregularity or mitigating influence from the husband.

• Minimum Sentencing
• Planned Murder
• Common Purpose
• Procedural Irregularity
• Fair Trial Rights
• Primary Caregiver In Sentencing