South Africa Case Law

Kamati v S (A132/2024)

Kamati v S (A132/2024) [2025] ZAFSHC 171 (12 June 2025)

Court

Free State High Court, Bloemfontein

Case number

A132/2024

Judges

Loubser, Opperman

The court found that the murder was committed in a particularly cruel and premeditated manner by the appellant and his co-accused. The appellant's personal circumstances, including his age, status as a first offender, parental responsibilities, employment, and cooperation with authorities, did not constitute substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. The aggravating features of the offence far outweighed any mitigating factors. The sentencing court's decision to impose life imprisonment was correct and cannot be faulted.

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• Minimum Sentences
• Substantial And Compelling Circumstances
• Premeditated Murder
• Sentencing Discretion

Prevost v S (Appeal) (SS 19/2015)

Prevost v S (Appeal) (SS 19/2015) [2025] ZAGPJHC 360 (28 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

SS 19/2015

Judges

Mdalana-Mayisela, Dosio, Moosa

The High Court dismissed Candice Prevost’s appeal against her murder conviction, holding that she acted in common purpose and that the crime was planned.

• Common Purpose
• Criminal Capacity
• Premeditated Murder
• Circumstantial Evidence
• Appeal Procedure
• Common-purpose

S v Ntinga and Another (CCD55/2023)

S v Ntinga and Another (CCD55/2023) [2025] ZAKZPHC 33 (28 March 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

CCD55/2023

Judge

Mossop

Sentencing judgment in a murder, robbery and kidnapping case. The court imposed life imprisonment on accused one and 25 years on accused two, with firearm disqualifications.

• Premeditated Murder
• Minimum Sentencing
• Mitigating Circumstances
• Remorse
• Ubuntu
• Kidnapping

S v Prinsloo (Sentence) (CC10/2024)

S v Prinsloo (Sentence) (CC10/2024) [2025] ZAGPPHC 327 (24 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC10/2024

Judge

Munzhelele

The High Court sentenced Paul Philippus Prinsloo to effective 25 years for two premeditated murders, finding substantial and compelling circumstances to depart from life imprisonment.

• Premeditated Murder
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Remorse
• Gender Based Violence
• Premeditated-murder

S v Prinsloo (CC10/2024)

S v Prinsloo (CC10/2024) [2025] ZAGPPHC 275 (17 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC10/2024

Judge

Munzhelele

The court found that the accused acted with premeditation in the murders of his wife and stepdaughter. The evidence established that the accused expressed his intent to kill the victims prior to the incident, retrieved a loaded firearm from another room, and deliberately targeted both victims in accordance with his earlier threats. The accused's actions were systematic and aligned with his stated intentions, negating any claim of spontaneous provocation or loss of control. The court rejected the defense's version as lacking credibility, noting that the accused's conduct—pursuing his wife afte…

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• Premeditated Murder
• Minimum Sentencing
• Provocation
• Subjective Intent
• Criminal Liability

Shima and Another v S (A148/2022)

Shima and Another v S (A148/2022) [2025] ZAGPPHC 190 (25 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

A148/2022

Judges

Khumalo, Ally

The appeal court found that the trial court had properly applied the cautionary rule to the single evidence of Mkhize, who was able to identify the appellants due to prior acquaintance and observed them in broad daylight near the scene of the crime. The circumstantial evidence, including the sequence of events, the post mortem report, and corroboration by other witnesses, supported the trial court's findings. The appellants' denials and alibi evidence were found to be inconsistent and not reasonably possibly true. The inspection in loco confirmed that Mkhize could have observed the events as…

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• Premeditated Murder
• Single Witness Evidence
• Cautionary Rule
• Identification
• Circumstantial Evidence
• Appeal Standard

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…

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

S v Maboko (Sentence) (CC50/2023)

S v Maboko (Sentence) (CC50/2023) [2024] ZALMPPHC 166 (1 November 2024)

Court

Limpopo High Court, Polokwane

Case number

CC50/2023

Judge

Monene

The High Court imposed three life terms, 15 years for robbery with aggravating circumstances, and 3 years for firearm possession after finding no mitigation.

• Minimum Sentences Act
• Premeditated Murder
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Sentencing Principles
• Victim Impact Statements

Matube v S (Leave to Appeal) (CC76/2016)

Matube v S (Leave to Appeal) (CC76/2016) [2024] ZAGPPHC 1110 (18 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC76/2016

Judge

Strijdom

The High Court dismissed an application for leave to appeal against sentence, finding no reasonable prospect of success, while granting condonation for late filing.

• Leave To Appeal
• Minimum Sentences
• Premeditated Murder
• Condonation
• Prospects Of Success
• Leave-to-appeal

Killian v S (CC7/2023)

Killian v S (CC7/2023) [2024] ZAWCHC 318 (17 October 2024)

Court

Western Cape High Court, Cape Town

Case number

CC7/2023

Judge

M Sher

The court found that the applicant failed to establish any exceptional circumstances that would justify his release on bail for a Schedule 6 offence. The evidence showed a direct and knowing involvement in the electronic tracking of the victim prior to his assassination, and the applicant's explanations were riddled with improbabilities and untruths. The applicant attempted to destroy material evidence and was connected to organised crime figures, posing a real risk of witness intimidation, evidence tampering, and flight from justice. His personal circumstances, including his medical conditio…

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• Bail Application
• Premeditated Murder
• Organised Crime
• Electronic Surveillance
• Exceptional Circumstances
• Witness Intimidation