South Africa Case Law

E.M v S (Appeal) (A55/2023)

E.M v S (Appeal) (A55/2023) [2025] ZAWCHC 309 (18 July 2025)

Court

Western Cape High Court, Cape Town

Case number

A55/2023

Judges

Van Leeve, Ndita

The court held that the record, though imperfect, was sufficient for proper adjudication of the appeal, as the summary of evidence provided a clear understanding of the issues. The trial court's credibility findings regarding the complainants were supported by the evidence, and the application of the cautionary rules for single and child witnesses was correct. The delay in reporting the offences was explained and did not undermine the complainants' credibility. The appellant's bare denial and attempt to blame others were found to be improbable. Regarding sentence, the court found no substanti…

Source excerpt

• Rape Of Minors
• Minimum Sentencing
• Child Witness Evidence
• Credibility Assessment
• Delay In Reporting
• Pre-sentence Detention

Radebe and Another v S (726/12)

Radebe and Another v S (726/12) [2013] ZASCA 31; 2013 (2) SACR 165 (SCA) (27 March 2013)

Court

Supreme Court of Appeal

Case number

726/12

Judges

Lewis, Leach, Erasmus

The Supreme Court of Appeal held that pre-trial detention is only one sentencing factor, not a mechanical deduction. The appeal against sentence for robbery and firearms offences was dismissed.

• Sentencing Principles
• Minimum Sentences
• Robbery With Aggravating Circumstances
• Pre-sentence Detention
• Firearms Control Act
• Mitigating And Aggravating Factors

S v Shepherd (7/90)

S v Shepherd (7/90) [1991] ZASCA 111 (20 September 1991)

Court

Supreme Court of Appeal

Case number

7/90

Judges

L van den Heever, Nestadt, Goldstone

Appeal against sentence for fraud dismissed. The court held that the six-year sentence was not unjustifiably harsh given the planning, loss, and delay caused by the appellant.

• Fraud
• Sentencing Discretion
• Pre-sentence Detention
• Mitigating And Aggravating Factors
• Sentencing-discretion
• Pre-sentence-detention