South Africa Case Law

S v Mositoane (17/2025)

S v Mositoane (17/2025) [2025] ZAFSHC 235 (25 July 2025)

Court

Free State High Court, Bloemfontein

Case number

17/2025

Judge

Ntshulana AJ

The court found that the State witnesses, Sophie and Tshepo Sebusi, provided credible and consistent evidence that the accused intentionally drove his motor vehicle into both the deceased and the complainant multiple times. The medical and forensic evidence corroborated the eyewitness accounts, showing multiple injuries consistent with repeated impacts. The accused's version was found to be farfetched, inconsistent, and manufactured as an afterthought. The court concluded that the accused acted with direct intent to kill, and that the killing was premeditated, as evidenced by his conduct befo…

Source excerpt

• Murder
• Attempted Murder
• Premeditation
• Criminal Intent
• Burden Of Proof
• Criminal Law Amendment Act

Zikhali v S (AR171/2024)

Zikhali v S (AR171/2024) [2025] ZAKZPHC 51 (23 May 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR171/2024

Judges

Mossop, Chetty

The High Court dismissed an appeal against conviction for murder, but reduced a life sentence to 20 years after finding no proof of premeditation.

• Murder
• Alibi Defence
• Minimum Sentencing
• Premeditation
• Gender Based Violence
• Alibi-defence

Liremi v S (Appeal) (HCA11/2024)

Liremi v S (Appeal) (HCA11/2024) [2025] ZALMPTHC 9 (25 April 2025)

Court

Limpopo High Court, Thohoyandou

Case number

HCA 11/2024

Judges

TC Tshidada, J Ngobeni, T Matumba

The High Court dismissed an appeal against conviction and sentence for murder, finding the plea, premeditation, and minimum-sentence issues were properly addressed.

• Murder
• Minimum Sentencing
• Premeditation
• Substantial And Compelling Circumstances
• Guilty Plea
• Sentencing Discretion

S v J.J.L (KS19/24)

S v J.J.L (KS19/24) [2025] ZANCHC 33 (28 January 2025)

Court

Northern Cape High Court, Kimberley

Case number

KS19/24

Judge

Van Tonder

The Northern Cape High Court convicted the accused of murder and multiple assaults, rejecting self-defence claims and finding the State proved premeditated murder on Count 8.

• Murder
• Assault With Intent To Do Grievous Bodily Harm
• Self Defence
• Dolus Eventualis
• Premeditation
• Criminal Procedure

Billy v S (Appeal) (A75/24)

Billy v S (Appeal) (A75/24) [2024] ZAWCHC 376 (12 November 2024)

Court

Western Cape High Court, Cape Town

Case number

A75/24

Judges

Francis, Siyo

The High Court upheld the murder conviction but set aside the life sentence, finding no proof of premeditation and replacing it with 20 years' imprisonment.

• Murder
• Premeditation
• Minimum Sentencing
• Single Witness Evidence
• Appeal On Sentence
• Intention To Kill

S v R.M and Another (SS48/2022)

S v R.M and Another (SS48/2022) [2024] ZAGPJHC 1011 (1 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS48/2022

Judge

Britz

The High Court convicted two accused of murder, robbery with aggravating circumstances, and attempted theft after rejecting their versions as improbable and contradictory.

• Murder
• Robbery With Aggravating Circumstances
• Attempted Theft
• Common Purpose
• Premeditation
• Circumstantial Evidence

S v Lawrence (CC16/2019)

S v Lawrence (CC16/2019) [2024] ZAWCHC 238 (12 June 2024)

Court

Western Cape High Court, Cape Town

Case number

CC16/2019

Judge

De Wet

The High Court convicted Wayne Henry Lawrence of murder, attempted murder, domestic violence-related offences, firearm offences, and defeating justice.

• Domestic Violence
• Murder
• Attempted Murder
• Firearms Control
• Diminished Responsibility
• Protection Order Breach

Beaugan and Another v S (A156/2023)

Beaugan and Another v S (A156/2023) [2024] ZAGPJHC 478 (20 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A156/2023

Judges

Ismail, Mabesele, Strydom

High Court appeal over murder, attempted murder, and firearm convictions. Premeditation was rejected, the first appellant’s sentence was reduced, and the second appellant’s sentence was suspended.

• Murder
• Attempted Murder
• Minimum Sentencing
• Pre Meditation
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition

S v Methula (CC49/2021)

S v Methula (CC49/2021) [2024] ZAECELLC 30 (29 April 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

CC49/2021

Judge

Laing

The High Court convicted the accused of murder, rejecting a defence of non-pathological criminal incapacity, but found no premeditation.

• Murder
• Non Pathological Criminal Incapacity
• Automatism
• Premeditation
• Onus Of Proof
• Expert Evidence

S v Tsiane and Another (Sentence) (CC41/2023)

S v Tsiane and Another (Sentence) (CC41/2023) [2024] ZAGPPHC 477 (25 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC41/2023

Judge

Phahlane

The court found that the murder was premeditated and committed in furtherance of a common purpose, with both accused acting together to attack and set the deceased alight. The injuries sustained by the deceased were severe and indicative of extreme violence and disregard for human life. The personal circumstances of the accused, including their status as first offenders, roles as breadwinners, and time spent in custody, were considered but found to be ordinary and not substantial or compelling. Neither accused demonstrated genuine remorse or took the court into their confidence regarding thei…

Source excerpt

• Murder
• Minimum Sentences Act
• Premeditation
• Common Purpose
• Sentencing Guidelines
• Aggravating Factors