South Africa Case Law

S v Bestbier (Review) (REV67/2024)

S v Bestbier (Review) (REV67/2024) [2025] ZALMPPHC 140 (22 July 2025)

Court

Limpopo High Court, Polokwane

Case number

REV67/2024

Judges

G.C Muller, M.Z Makoti

The court held that the judicial officer's function under section 57(7) of the Criminal Procedure Act is both administrative and judicial. While the entry of particulars by the clerk is administrative, the judicial officer must ensure that the conviction and sentence are in accordance with justice. The court rejected the view that the judicial officer is strictly functus officio after examining the documents, finding that representations by the accused may be considered if submitted with the original notice. The court found procedural irregularities in the handling of the admission of guilt f…

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• Admission Of Guilt Fine
• Review Of Magistrates Decisions
• Drugs And Drug Trafficking Act
• Criminal Procedure Act Section 304
• Previous Convictions
• Judicial Officer Functor Officio

Mashego v S (A31/2025)

Mashego v S (A31/2025) [2025] ZAGPJHC 545 (4 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A31/2025

Judge

Dosio

Appeal against refusal of bail dismissed. The High Court held the appellant failed to prove exceptional circumstances under section 60(11)(a).

• Bail Application
• Exceptional Circumstances
• Balance Of Probabilities
• Flight Risk
• Previous Convictions
• Bail-application

S v Nuwegeld (Review) (383.24)

S v Nuwegeld (Review) (383.24) [2025] ZAWCHC 236 (28 May 2025)

Court

Western Cape High Court, Cape Town

Case number

383/24

Judges

Lekhuleni JD, Nziweni CN

The High Court confirmed convictions for housebreaking and theft, but set aside a nine-year sentence as disproportionate and replaced it with four years and six months.

• Sentencing Principles
• Proportionality
• Previous Convictions
• Firearms Control Act
• Section 103 Inquiry
• Criminal-sentencing

Mthombeni v S (A210/2023)

Mthombeni v S (A210/2023) [2025] ZAGPPHC 521 (22 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A210/2023

Judges

SK Hassim, FS Nemutandani

The trial court misdirected itself by treating the appellant as a second offender for 'robbery with aggravating circumstances' when his previous conviction was for 'robbery' without aggravating circumstances. The wording of section 51(2)(a)(ii) of the Minimum Sentences Act requires that the previous conviction be of the same kind or degree, i.e., 'robbery with aggravating circumstances.' There was no evidence that the appellant's previous conviction involved aggravating circumstances or the taking of a motor vehicle. Therefore, the appellant should have been sentenced as a first offender, att…

Source excerpt

• Minimum Sentences Act
• Robbery With Aggravating Circumstances
• Sentencing Misdirection
• Previous Convictions
• Appeal Powers

Moolman v S (A02/2025)

Moolman v S (A02/2025) [2025] ZAGPJHC 218 (6 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A02/2025

Judge

Dosio

The High Court dismissed an appeal against refusal of bail, finding no exceptional circumstances under section 60(11)(a) of the Criminal Procedure Act.

• Bail Application
• Exceptional Circumstances
• Criminal Matters Amendment Act
• Criminal Procedure Act
• Previous Convictions
• Medical Condition In Bail

S v Setenane and Another (CAP 02/2025)

S v Setenane and Another (CAP 02/2025) [2025] ZANWHC 35 (3 February 2025)

Court

North West High Court, Mafikeng

Case number

CAP 02/2025

Judges

JT Djaje, FMM Reid

The High Court dismissed a petition for leave to appeal against sentence, holding that the petitioners had no reasonable prospects of success given their prior convictions.

• Leave To Appeal Against Sentence
• Possession Of Suspected Stolen Property
• Previous Convictions
• Sentencing Principles
• Leave-to-appeal
• Sentencing

S v Mdepha (CAP 01/2025)

S v Mdepha (CAP 01/2025) [2025] ZANWHC 32 (3 February 2025)

Court

North West High Court, Mafikeng

Case number

CAP 01/2025

Judges

JT Djaje, FMM Reid

The High Court dismissed a petition for leave to appeal against sentence, holding that the 15-year minimum sentence for robbery with aggravating circumstances was justified.

• Minimum Sentencing
• Robbery With Aggravating Circumstances
• Leave To Appeal
• Previous Convictions
• Minimum-sentencing
• Robbery-with-aggravating-circumstances

Momoke v S (CA29/2024)

Momoke v S (CA29/2024) [2024] ZANWHC 290 (26 November 2024)

Court

North West High Court, Mafikeng

Case number

CA29/2024

Judges

R D Hendricks, N Morei

The High Court dismissed an appeal against a 10-year sentence for attempted murder, holding there was no misdirection and the trial court properly exercised its discretion.

• Sentencing Discretion
• Attempted Murder
• Mitigating Factors
• Previous Convictions
• Attempted-murder
• Criminal-sentencing

Mochole v S (CA 03/2019)

Mochole v S (CA 03/2019) [2024] ZANWHC 155 (27 June 2024)

Court

North West High Court, Mafikeng

Case number

CA 03/2019

Judges

Petersen, Maree

Appeal against sentence in a child rape case upheld on misdirection, but life imprisonment was imposed afresh with sex-offender and firearm orders.

• Rape Of Minor
• Minimum Sentencing
• Previous Convictions
• Sentencing Discretion
• Criminal Procedure Act
• Firearms Control

S v Morotolo (Sentence) (CC 17/2022)

S v Morotolo (Sentence) (CC 17/2022) [2024] ZANWHC 130 (5 April 2024)

Court

North West High Court, Mafikeng

Case number

CC 17/2022

Judge

A Reddy

High Court sentence in a rape and theft matter. The court found no substantial and compelling circumstances and imposed the prescribed minimum sentence.

• Rape
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Remorse
• Previous Convictions
• Register Of Sexual Offenders