South Africa Case Law

Kenosi v S (Appeal on sentence) (CA&R 12/2024)

Kenosi v S (Appeal on sentence) (CA&R 12/2024) [2025] ZANCHC 49 (25 April 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 12/2024

Judges

Mamosebo, Tyuthuza

The court found that the appellant's personal circumstances, including his guilty plea, alleged remorse, and claim of being a primary caregiver, did not constitute substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment for each count of rape. The evidence showed that the appellant targeted vulnerable minor victims in their home, demonstrating predatory behavior. The presentence report indicated that the appellant was not the primary caregiver, as his children were cared for by their grandparents in a stable environment. The cour…

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• Rape
• Minimum Sentencing
• Primary Caregiver
• Best Interests Of Child
• Mitigating Factors
• Appeal Procedure

J.R.S v K.D.Z-S and Another (2025/027753)

J.R.S v K.D.Z-S and Another (2025/027753) [2025] ZAWCHC 96 (10 March 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/027753

Judge

Thulare

Urgent Hague Convention enforcement application granted, with the Western Cape High Court ordering immediate implementation of the Johannesburg return order and no costs.

• Hague Convention Child Abduction
• Enforcement Of Foreign Judgments
• Best Interests Of Child
• Primary Caregiver
• Jurisdiction Of Foreign Courts
• Hague-convention-child-abduction

S v Seyisi (Sentence) (CC27/2024)

S v Seyisi (Sentence) (CC27/2024) [2024] ZAECMKHC 142 (18 November 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CC27/2024

Judge

T.V. Norman

After conviction for murder and attempted murder, the High Court held there were no substantial and compelling circumstances to avoid prescribed life imprisonment.

• Minimum Sentencing
• Common Purpose
• Primary Caregiver
• Remorse
• Mitigation Of Sentence
• Attempted Murder

D.J.H. v A.H (914/2023)

D.J.H. v A.H (914/2023) [2023] ZAECMKHC 139 (12 December 2023)

Court

Eastern Cape High Court, Makhanda

Case number

914/2023

Judge

Rugunanan

The court barred a mother from relocating with an 11-year-old child to Somerset West, holding that the child’s best interests required remaining in Graaff-Reinet.

• Child Relocation
• Best Interests Of Child
• Parental Responsibilities
• Children Act 38 Of 2005
• Primary Caregiver
• Parental Contact

Makgobo v S (A121/2023)

Makgobo v S (A121/2023) [2023] ZAWCHC 238 (8 September 2023)

Court

Western Cape High Court, Cape Town

Case number

A121/2023

Judges

J I Cloete, N Ralarala

The magistrate committed material errors of law and fact by refusing to consider a suspended sentence, failing to obtain a pre-sentence report, and unlawfully ordering the summary removal of the appellant's children. The sentencing proceedings were vitiated by a grave miscarriage of justice, particularly given the appellant's status as sole caregiver and the absence of evidence supporting aggravating factors such as the alleged street value of the drugs. The best interests of the children, as enshrined in section 28(2) of the Constitution and articulated in S v M, were disregarded. The court…

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• Sentencing Principles
• Primary Caregiver
• Children In Need Of Care
• Drugs And Drug Trafficking Act
• Pre Sentence Report
• Suspension Of Sentence

C.R v S.R (11646/2022)

C.R v S.R (11646/2022) [2023] ZAWCHC 224 (28 August 2023)

Court

Western Cape High Court, Cape Town

Case number

11646/2022

Judge

J Cloete

The High Court dismissed a father’s bid to relocate his twin children to the UK, finding the move would risk their wellbeing and limit meaningful contact with their mother.

• Relocation Of Children
• Best Interests Of Child
• Voice Of Child
• Primary Caregiver
• Psychological Wellbeing
• Parental Responsibilities And Rights

S v Sello (CC12/2022)

S v Sello (CC12/2022) [2023] ZAGPPHC 2058 (3 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

CC12/2022

Judge

Mlotshwa

The court found that the accused, Dieketseng Sello, pleaded guilty to the murder of her intimate partner, Moleko Isaac Molai, under circumstances involving a violent domestic altercation. The accused stabbed the deceased multiple times, resulting in his death. The court considered the aggravating factors, including the brutality of the offence, the accused's history of violent behavior, and lack of genuine remorse. Mitigating factors included the accused's guilty plea, her status as a mother of four minor children, and the deceased's provocative conduct. The court held that while the best int…

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• Murder
• Minimum Sentences Act
• Sentencing Principles
• Primary Caregiver
• Child Best Interests
• Firearms Control

Swanepoel v S (Leave to Appeal) (CA&R 90/2022)

Swanepoel v S (Leave to Appeal) (CA&R 90/2022) [2023] ZAECMKHC 76 (27 June 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 90/2022

Judges

Rugunanan, MJ Lowe

The court found that the appellant was not the primary caregiver of her minor child, as the child was cared for by his grandparents in a secure and stable environment. The evidence did not establish that the quality of care provided by the grandparents was inadequate or detrimental to the child's best interests. The sentencing court had independently considered the interests of the child alongside the Zinn triad and had weighed all relevant factors, including the appellant's personal circumstances and the gravity of the offences. The appellant's previous exposure to correctional supervision h…

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• Sentencing Principles
• Primary Caregiver
• Best Interests Of Child
• Fraud
• Contempt Of Court
• Correctional Supervision

D.J.H v A.H (914/2023)

D.J.H v A.H (914/2023) [2023] ZAECMKHC 46 (4 April 2023)

Court

Eastern Cape High Court, Makhanda

Case number

914/2023

Judge

Norman

The court limited the Family Advocate’s inquiry to relocation issues and refused to reopen the settled primary-caregiver question, granting interim relief by agreement.

• Relocation Of Minor Child
• Primary Caregiver
• Best Interests Of Child
• Parenting Plan
• Family Advocate Investigation
• Child-relocation

S v Moorkey (Sentence) (CC12/2023)

S v Moorkey (Sentence) (CC12/2023) [2023] ZAGPPHC 2060 (24 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

CC12/2023

Judge

Mlotshwa

The High Court sentenced a first-time offender to 12 years’ imprisonment for murder, citing mitigation including remorse, alcohol use, and child-care responsibilities.

• Murder
• Minimum Sentences Act
• Primary Caregiver
• Child Best Interests
• Remorse
• Gender Based Violence