South Africa Case Law

S v Mthethwa and Others (Sentence) (CC62/2021)

S v Mthethwa and Others (Sentence) (CC62/2021) [2025] ZAGPPHC 777 (29 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC62/2021

Judge

LA van Wyk

The court found that the accused's personal circumstances, including his period of pre-sentence detention, did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The seriousness and number of offences, including two murders committed during the course of robbery and kidnapping, outweighed any mitigating factors. The accused's alleged mental illness was not substantiated by evidence and did not affect his ability to participate in the trial. The court held that the prescribed sentences were proportionate to the crimes committed an…

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• Minimum Sentencing
• Aggravating Circumstances
• Kidnapping
• Robbery With Aggravating Circumstances
• Murder
• Pre Sentence Detention

Bonde v S (CA63/2018)

Bonde v S (CA63/2018) [2024] ZANWHC 21 (8 February 2024)

Court

North West High Court, Mafikeng

Case number

CA63/2018

Judges

Scholtz, Djaje

The High Court dismissed an appeal against life imprisonment for rape-related offences, finding no substantial and compelling circumstances for a lesser sentence.

• Minimum Sentencing
• Substantial And Compelling Circumstances
• Rape
• Pre Sentence Detention
• First Offender
• Sentencing Discretion

Likhethe v S (A144 /2022)

Likhethe v S (A144 /2022) [2023] ZAFSHC 69 (17 March 2023)

Court

Free State High Court, Bloemfontein

Case number

A144 /2022

Judges

Daniso, Boonzaaier

The High Court dismissed an appeal against a life sentence for rape, holding that no substantial and compelling circumstances justified departure from the minimum sentence.

• Rape
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Rehabilitation
• Remorse
• Pre Sentence Detention

Moshe v S (A86/2022)

Moshe v S (A86/2022) [2022] ZAFSHC 267 (18 October 2022)

Court

Free State High Court, Bloemfontein

Case number

A86/2022

Judges

Reinders, Boonzaaier

The High Court dismissed an appeal against a rape conviction and life sentence, finding no reasonable doubt on the evidence and no substantial compelling circumstances.

• Rape
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Remorse
• Credibility Of Single Witness
• Pre Sentence Detention

S v Kwaza and Others (CC68/2018)

S v Kwaza and Others (CC68/2018) [2022] ZAWCHC 174; 2023 (1) SACR 335 (WCC) (6 September 2022)

Court

Western Cape High Court, Cape Town

Case number

CC68/2018

Judge

P.A.L. Gamble

Leave to appeal was refused on conviction, but granted on sentence only for the life terms imposed on accused 2, 3 and 4.

• Murder
• Joint Possession Of Firearm
• Common Purpose
• Pre Sentence Detention
• Mandatory Sentences
• Leave To Appeal

Yose and Another v S (04/2021; A230/2021; RCA 199/2008)

Yose and Another v S (04/2021; A230/2021; RCA 199/2008) [2022] ZAWCHC 130; 2022 (2) SACR 603 (WCC) (22 June 2022)

Court

Western Cape High Court, Cape Town

Case number

04/2021; A230/2021; RCA 199/2008

Judges

Van Zyl, Gamble

Appeal against sentence partly upheld: rape life sentences were replaced with 25 years, backdated, because long pre-sentence detention was substantial and compelling.

• Sentencing Principles
• Minimum Sentences
• Rape Of Minors
• Pre Sentence Detention
• Concurrent Sentences
• Globular Sentencing

Mbele and Another v S (A129/2021)

Mbele and Another v S (A129/2021) [2022] ZAGPPHC 213 (23 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

A129/2021

Judges

TP Bokako, H Kooverjie

The High Court dismissed an appeal against sentence for robbery with aggravating circumstances and kidnapping, finding no misdirection and no basis to depart from minimum sentences.

• Sentencing Principles
• Minimum Sentences
• Substantial And Compelling Circumstances
• Pre Sentence Detention
• Robbery With Aggravating Circumstances
• Kidnapping

Nqaka v S (CA & R 102/2021)

Nqaka v S (CA & R 102/2021) [2022] ZAECGHC 24 (22 March 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

CA & R 102/2021

Judges

SM Mfenyana, JGA Laing

The High Court confirmed a 20-year robbery sentence, but ordered it antedated to reflect two years spent in pre-trial custody.

• Sentencing Principles
• Minimum Sentences
• Pre Sentence Detention
• Robbery With Aggravating Circumstances
• Criminal-sentencing
• Minimum-sentences

Marirawahn and Others v S (A365/19)

Marirawahn and Others v S (A365/19) [2020] ZAGPPHC 725 (10 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

A365/19

Judges

M P Motha, Nicoline van Nieewenhuizen

The court found that the magistrate materially misdirected himself by failing to properly consider the cumulative effect of the sentences and the period of pre-sentence detention. The appellants, except for one, were first offenders and had spent over three years in custody before sentencing. The truck and its contents were recovered, and no injuries occurred. These factors, viewed cumulatively, constituted substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The sentences imposed by the trial court were set aside and replaced with lesser senten…

Source excerpt

• Minimum Sentencing
• Robbery With Aggravating Circumstances
• Possession Of Firearm
• Pre Sentence Detention
• Cumulative Effect Of Sentences

Seshoka v S (A152/2017)

Seshoka v S (A152/2017) [2019] ZAGPJHC 479 (7 November 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A152/2017

Judges

Twala M L, Du Plessis DJF

Appeal against a 15-year sentence for housebreaking and theft succeeded after the High Court found the sentence shockingly inappropriate and reduced it to 10 years.

• Sentencing Principles
• Minimum Sentences
• Mitigating Factors
• Housebreaking And Theft
• Pre Sentence Detention
• Criminal-sentencing