South Africa Case Law

S v Bhala and Others (Sentence) (CC 62/2019)

S v Bhala and Others (Sentence) (CC 62/2019) [2025] ZAWCHC 61 (21 February 2025)

Court

Western Cape High Court, Cape Town

Case number

CC62/2019

Judge

Lekhuleni

The court found that the murder was carefully planned and executed by all three accused, with the killing of the complainant intended to prevent her from testifying in a pending rape case. The gravity of the offence, the interests of society, and the lack of genuine remorse by the accused were weighed against their personal circumstances and the period of pre-conviction incarceration. The court held that the cumulative effect of these factors did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment for premeditat…

Source excerpt

• Premeditated Murder
• Minimum Sentencing
• Femicide
• Possession Of Unlicensed Firearm
• Possession Of Ammunition
• Substantial And Compelling Circumstances

S v De Bruin and Muller (K/S 21/2020)

S v De Bruin and Muller (K/S 21/2020) [2024] ZANCHC 114 (18 September 2024)

Court

Northern Cape High Court, Kimberley

Case number

K/S 21/2020

Judge

Mamosebo

Sentence judgment in a murder, kidnapping and firearm case. The court found no substantial and compelling circumstances to depart from the prescribed minimum sentence.

• Prescribed Minimum Sentence
• Dolus Eventualis
• Substantial And Compelling Circumstances
• Common Purpose
• Kidnapping
• Possession Of Unlicensed Firearm

S v Praise (Sentence) (SS 57/2023)

S v Praise (Sentence) (SS 57/2023) [2024] ZAGPJHC 775 (15 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS 57/2023

Judge

Coertse C J

Sentence for murder, unlicensed firearm and ammunition possession, and defeating the ends of justice: 20 years’ imprisonment for murder, with concurrent terms on the other counts.

• Murder
• Possession Of Unlicensed Firearm
• Possession Of Unlicensed Ammunition
• Defeating Ends Of Justice
• Minimum Sentencing Regime
• Mitigation And Aggravation

Ubisi v S (A147/2023)

Ubisi v S (A147/2023) [2024] ZAGPPHC 560 (10 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A147/2023

Judges

Collis, Kubushi, Mahosi

The High Court dismissed a criminal appeal against convictions for murder, robbery and firearm-related offences, holding the identification reliable and the alibi unproven.

• Identification Evidence
• Minimum Sentencing
• Alibi Defence
• Robbery With Aggravating Circumstances
• Murder
• Possession Of Unlicensed Firearm

S v Mthethwa (Sentence) (SS64/2022)

S v Mthethwa (Sentence) (SS64/2022) [2024] ZAGPJHC 514 (23 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS64/2022

Judge

Dosio

Sentencing judgment for murder, attempted murder, firearm and ammunition offences. The court imposed life imprisonment for one murder and rejected mitigation arguments.

• Murder
• Attempted Murder
• Possession Of Unlicensed Firearm
• Unlawful Possession Of Ammunition
• Minimum Sentencing
• Substantial And Compelling Circumstances

S v Shabalala (SS004/2023)

S v Shabalala (SS004/2023) [2024] ZAGPJHC 88 (5 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS004/2023

Judge

Dosio

Sentencing judgment for murder, robbery and firearm-related convictions. The court imposed life imprisonment on murder and concurrent terms on the remaining counts.

• Minimum Sentencing
• Murder
• Robbery With Aggravating Circumstances
• Possession Of Unlicensed Firearm
• Assault With Intent To Do Grievous Bodily Harm
• Dangerous Weapon

Sthabiso and Others v S (SS114/2018)

Sthabiso and Others v S (SS114/2018) [2023] ZAGPJHC 1100 (2 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

SS114/2018

Judge

MAKUME

High Court refused leave to appeal against conviction and sentence in a murder and firearm matter, finding no reasonable prospect of success and upholding a 35-year effective sentence.

• Leave To Appeal
• Murder
• Possession Of Unlicensed Firearm
• Possession Of Prohibited Firearm
• Possession Of Ammunition
• Minimum Sentencing

Rala v S - Appeal (A209/2022)

Rala v S - Appeal (A209/2022) [2023] ZAWCHC 240 (12 September 2023)

Court

Western Cape High Court, Cape Town

Case number

A209/2022

Judges

Pangarker, Sher

The court found the identification evidence of Constables Sambula and Momoza to be credible and reliable, supported by corroborating witnesses and physical evidence. The appellant's version of being an innocent passer-by was riddled with inconsistencies and improbabilities, and was correctly rejected by the magistrate. The State proved all elements of murder, robbery with aggravating circumstances, attempted murder, and possession offences beyond reasonable doubt. The appellant's criminal liability for the deceased's death was imputed on the basis of common purpose, and dolus eventualis was e…

Source excerpt

• Murder
• Robbery With Aggravating Circumstances
• Attempted Murder
• Possession Of Unlicensed Firearm
• Possession Of Ammunition
• Sentencing Minimums

Hoyi and Others v S (20/22)

Hoyi and Others v S (20/22) [2023] ZAECMKHC 80 (30 June 2023)

Court

Eastern Cape High Court, Makhanda

Case number

20/22

Judges

Cengani-Mbakaza, T V Norman

The court found that, excluding the inadmissible confession of the deceased erstwhile accused 4, the remaining evidence—comprising eyewitness identification, fingerprint analysis, possession of stolen goods, and forensic ballistic links—proved the guilt of all appellants beyond reasonable doubt. The trial court correctly applied cautionary rules for single witness and identification evidence, and the appellants' versions were found to be contradictory and improbable. The sentences imposed, including life imprisonment for murder and minimum sentences for robbery and firearm offences, were just…

Source excerpt

• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Murder
• Possession Of Unlicensed Firearm
• Admissibility Of Confessions
• Minimum Sentencing

Koepe v S (A79/2022)

Koepe v S (A79/2022) [2022] ZAFSHC 260 (17 October 2022)

Court

Free State High Court, Bloemfontein

Case number

A79/2022

Judges

Reinders, Mbhele

Appeal against a conviction for possession of an unlicensed firearm was dismissed. The court held that eyewitness evidence proved possession and that chain-of-evidence objections did not justify interference.

• Possession Of Unlicensed Firearm
• Chain Of Evidence
• Credibility Of Witnesses
• Minimum Sentencing
• Firearms Control Act
• Criminal-law