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…

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

Kunene v Minister of Police (18028/2019)

Kunene v Minister of Police (18028/2019) [2024] ZAGPJHC 456 (9 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

18028/2019

Judge

A E Ayayee

The court found that the defendant discharged the onus of proving the lawfulness of the plaintiff's arrest and detention. The arresting officers acted on reasonable suspicion, supported by the complainant's identification of the stolen property and the statements of a co-occupant implicating the plaintiff. The jurisdictional requirements of section 36 of the General Law Amendment Act were satisfied, and the arrest was lawful. The plaintiff's detention was also found to be lawful, as there was no evidence or pleading that the police failed to consider bail or inform her of her rights under sec…

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• Unlawful Arrest
• Unlawful Detention
• Damages Claim
• Reasonable Suspicion
• Possession Of Stolen Property

Siphelele Goodman Nene v The State (466/2021)

Siphelele Goodman Nene v The State (466/2021) [2022] ZASCA 120 (5 September 2022)

Court

Supreme Court of Appeal

Case number

466/2021

Judges

Zondi, Weiner, Molefe

The Supreme Court of Appeal held that the High Court should have granted leave to appeal against conviction and sentence, finding reasonable prospects of success.

• Leave To Appeal
• Reasonable Prospects Of Success
• Minimum Sentencing
• Identification Evidence
• Possession Of Stolen Property
• Leave-to-appeal

Phutumani v S (A 127/2021)

Phutumani v S (A 127/2021) [2021] ZAWCHC 160 (18 August 2021)

Court

Western Cape High Court, Cape Town

Case number

A 127/2021

Judges

Dolamo, Lekhuleni

The court found that the acceptance of the appellant's guilty plea to the alternative charge of possession of suspected stolen property terminated the proceedings on the main and other alternative charges. The trial court materially misdirected itself by imposing a sentence of direct imprisonment without adequately considering the appellant's personal circumstances, the recovery of the stolen item, and the recommendations of both the prosecution and defence for a wholly suspended sentence. The trial court failed to provide sufficient reasons for its decision and did not properly balance the t…

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• Possession Of Stolen Property
• Sentencing Discretion
• Suspended Sentence
• Triad Principle

Mbongwa v S (AR397/2019)

Mbongwa v S (AR397/2019) [2021] ZAKZPHC 3 (20 January 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR397/2019

Judges

Chetty, Koen, Tsautse

A full bench of the KwaZulu-Natal High Court upheld an appeal against conviction for theft of a motor vehicle, finding the appellant’s alibi could not be rejected.

• Theft Of Motor Vehicle
• Alibi Defence
• Burden Of Proof
• Possession Of Stolen Property
• Criminal-law
• Alibi-defence

S M v S (A17/2017)

S M v S (A17/2017) [2020] ZAGPJHC 324 (4 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

A17/2017

Judges

Adams, Millar

The court found that the trial court had properly considered all relevant factors, including the appellant's personal circumstances and the seriousness of the offences. No substantial and compelling circumstances were present to justify deviation from the prescribed minimum sentence for possession of an unlicensed firearm. The sentences imposed were not disturbingly inappropriate, and the trial court's discretion was properly exercised. The order that the sentences run concurrently mitigated the overall punishment. Accordingly, there was no basis for the appeal court to interfere with the sen…

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• Minimum Sentencing
• Substantial And Compelling Circumstances
• Possession Of Stolen Property
• Unlawful Possession Of Firearm

S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18)

S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18) [2020] ZALMPPHC 70 (5 August 2020)

Court

Limpopo High Court, Polokwane

Case number

CC76/2018; 10/2/11/1-L41/18

Judge

T P Mudau

The court found that all accused were parties to a conspiracy to commit robbery with aggravating circumstances, based on their coordinated actions, possession of firearms, and use of a stolen vehicle. The evidence established that the accused acted in concert, and the firearms were brought to facilitate violence in furtherance of the criminal enterprise. The confession by accused 3 was ruled admissible and reliable, corroborated by objective facts and the conduct of the accused. The doctrine of common purpose applied to the murder and attempted murder charges, as the accused foresaw and accep…

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• Conspiracy To Commit Robbery
• Common Purpose
• Possession Of Stolen Property
• Reckless Driving
• Admissibility Of Confession
• Joint Possession Of Firearms

S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18)

S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18) [2020] ZALMPPHC 69 (6 July 2020)

Court

Limpopo High Court, Polokwane

Case number

CC76/2018; 10/2/11/1-L41/18

Judge

Mudau

Sentencing judgment in a murder and robbery-related case: the court found substantial and compelling circumstances and imposed lengthy prison terms.

• Mandatory Minimum Sentences
• Murder
• Attempted Murder
• Conspiracy To Commit Robbery
• Possession Of Stolen Property
• Reckless Driving

Brits v Minister of Police and Another (HCA11/2019)

Brits v Minister of Police and Another (HCA11/2019) [2020] ZALMPPHC 33 (5 June 2020)

Court

Limpopo High Court, Polokwane

Case number

HCA11/2019

Judges

Mudau, Makgoba

The court found that the arresting officer had reasonable grounds for suspecting the appellant's involvement in the possession and sale of stolen copper. The appellant's SMS exchanges with the seller, his instructions to deliver the copper to his shop, and the weighing of the copper on the shop's scale established constructive possession. The withdrawal of criminal charges was provisional and did not affect the lawfulness of the arrest, as the appellant failed to show that proceedings were not pending or unlikely to be reinstated. The jurisdictional facts for a lawful arrest under section 40(…

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• Unlawful Arrest
• Vicarious Liability
• Reasonable Suspicion
• Possession Of Stolen Property
• Quantum Of Damages

William v Minister of Police (1911/2017)

William v Minister of Police (1911/2017) [2019] ZAMPMHC 5 (15 October 2019)

Court

Middelburg High Court, Mpumalanga

Case number

1911/2017

Judge

TV Ratshibvumo

The High Court held that the plaintiff’s arrest was lawful because police reasonably suspected possession of a stolen vehicle and his explanation was unreasonable.

• Unlawful Arrest
• Damages Claim
• Reasonable Suspicion
• Possession Of Stolen Property
• Onus Of Proof
• Unlawful-arrest