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South Africa Case Law

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Criminal Law [2025] ZAGPJHC 368

Myeni v S (A102/2024)

Myeni v S (A102/2024) [2025] ZAGPJHC 368 (1 April 2025)

The High Court upheld an appeal against sentence for firearm and ammunition possession, reducing an effective 15-year term to 8 years.

  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Firearms Control Act
  • Sentencing Discretion
  • Rehabilitation
  • Proportionality Of Sentence
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Criminal Law [2024] ZAGPPHC 1262

Dlamini v S (A23/2024)

Dlamini v S (A23/2024) [2024] ZAGPPHC 1262 (4 December 2024)

The court held that the circumstances of the murder were exceptionally aggravating: the victim was a defenceless infant, the attack was inexplicably cruel and brutal, and the appellant showed no remorse or explanation for his actions. The minimum sentence of 15 years' imprisonment would be unduly lenient and would not reflect the outrage felt by society for such violence against a child. The High Court is empowered to impose life imprisonment where aggravating circumstances exist, and in this case, the severity and senselessness of the offence justified the harshest sentence. The appellant wa…

  • Minimum Sentencing
  • Murder
  • Aggravating Circumstances
  • Proportionality Of Sentence
  • Life Imprisonment
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Criminal Law [2024] ZANWHC 113

Lekhoana v S (CA 76/2019)

Lekhoana v S (CA 76/2019) [2024] ZANWHC 113 (16 April 2024)

Criminal appeal against two rape convictions and sentence dismissed; the High Court upheld credibility findings, minimum sentencing, and life imprisonment on one count.

  • Rape
  • Minimum Sentencing
  • Credibility Of Single Witness
  • Substantial And Compelling Circumstances
  • Appeal Principles
  • Proportionality Of Sentence
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Criminal Law [2024] ZAGPPHC 90

Mthunzi v S (A164/2023)

Mthunzi v S (A164/2023) [2024] ZAGPPHC 90 (31 January 2024)

Appeal against sentence for possession of a semi-automatic firearm upheld; the High Court reduced 15 years’ imprisonment to 8 years.

  • Minimum Sentence Legislation
  • Firearms Control Act
  • Substantial And Compelling Circumstances
  • Sentencing Discretion
  • Proportionality Of Sentence
  • Sentencing-discretion
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Criminal Law [2023] ZANWHC 209

Molema v S (CA 15/2022)

Molema v S (CA 15/2022) [2023] ZANWHC 209 (14 November 2023)

The Regional Court materially misdirected itself by failing to consider the appellant's three years and three months of pre-trial incarceration when imposing the prescribed minimum sentence of fifteen years imprisonment for murder. This omission rendered the sentence disproportionate to the crime, the criminal, and the interests of society. The period of pre-trial detention, while not a standalone substantial and compelling circumstance, must be considered as part of the overall proportionality assessment. The appellant was a first offender, and the prolonged detention was not due to his own…

  • Minimum Sentencing
  • Pre Trial Incarceration
  • Proportionality Of Sentence
  • Firearms Control Act
  • Condonation For Late Appeal
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Criminal Law [2023] ZAGPPHC 1793

Sibisi v S - Appeal (A286/2022)

Sibisi v S - Appeal (A286/2022) [2023] ZAGPPHC 1793 (3 October 2023)

The High Court reduced a sentence for unlawful possession of a prohibited firearm after finding the prescribed minimum was disproportionate in the circumstances.

  • Minimum Sentencing
  • Proportionality Of Sentence
  • Unlawful Possession Of Firearm
  • Unlawful Possession Of Ammunition
  • Pointing Of Firearm
  • Minimum-sentencing
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Criminal Law [2023] ZAGPJHC 839

J.B v S (A24/2022)

J.B v S (A24/2022) [2023] ZAGPJHC 839 (27 July 2023)

On automatic appeal against sentence, the High Court held the magistrate’s discretion was properly exercised and dismissed the appeal.

  • Sentencing Discretion
  • Proportionality Of Sentence
  • Mitigating And Aggravating Factors
  • Hiv Transmission
  • Lack Of Remorse
  • Criminal-sentencing
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Criminal Law [2023] ZAFSHC 268

S v Kali and Others (R19/2023; R20/2023; R21/2023; R22/2023; R23/2023; R24/2023; R25/2023; R26/2023)

S v Kali and Others (R19/2023; R20/2023; R21/2023; R22/2023; R23/2023; R24/2023; R25/2023; R26/2023) [2023] ZAFSHC 268 (10 July 2023)

High Court review of eight Immigration Act sentences held the magistrate overemphasized deterrence and imposed grossly excessive terms.

  • Sentencing Principles
  • Immigration Act Offences
  • Judicial Discretion
  • Proportionality Of Sentence
  • Review Powers
  • Mitigating And Aggravating Factors
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Criminal Law [2023] ZAWCHC 34

Matroos v S (A257/2022)

Matroos v S (A257/2022) [2023] ZAWCHC 34 (27 February 2023)

The High Court dismissed an appeal against sentence for rape of the appellant’s intellectually impaired daughter and confirmed life imprisonment.

  • Rape Of Intellectually Impaired Person
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Mitigation Of Sentence
  • Proportionality Of Sentence
  • Criminal-law
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Criminal Law [2022] ZAGPPHC 502

Dlamini v S (A302/2021)

Dlamini v S (A302/2021) [2022] ZAGPPHC 502 (4 July 2022)

The High Court dismissed an appeal against a 15-year sentence for cable theft and infrastructure tampering, finding no substantial and compelling circumstances.

  • Minimum Sentencing
  • Essential Infrastructure Crime
  • Proportionality Of Sentence
  • Substantial And Compelling Circumstances
  • Minimum-sentencing
  • Essential-infrastructure-crime
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.