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South Africa Case Law

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Criminal Law [2025] ZAWCHC 340

A.Z v S (Appeal) (A41/2025)

A.Z v S (Appeal) (A41/2025) [2025] ZAWCHC 340 (11 August 2025)

The High Court dismissed an appeal against life imprisonment for the murder of the appellant’s young cousin, holding there were no substantial and compelling circumstances.

  • Minimum Sentence Legislation
  • Murder
  • Rape Of Minor
  • Sentencing Discretion
  • Child Justice Act
  • Mitigating And Aggravating Factors
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Criminal Law [2025] ZAGPJHC 703

M.P.S v S (A21/2024)

M.P.S v S (A21/2024) [2025] ZAGPJHC 703 (21 July 2025)

The appeal court found that the trial court correctly applied the cautionary rule to the evidence of the complainant, a single child witness. The complainant's account was corroborated by medical evidence indicating injuries consistent with vaginal penetration, her mother's testimony regarding her pain and distress, and her consistent reporting of the incident. The contradictions in the State's case were not material and did not undermine the overall credibility of the complainant. The appellant's denial was found to be false and not reasonably possibly true when viewed against the totality o…

  • Rape Of Minor
  • Single Witness Cautionary Rule
  • Credibility Of Child Witness
  • Corroboration
  • Minimum Sentences Act
  • Powers Of Appeal Court
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Criminal Law [2025] ZAECMKHC 54

Stunga v S (Appeal) (CA&R155/2024)

Stunga v S (Appeal) (CA&R155/2024) [2025] ZAECMKHC 54 (15 July 2025)

The High Court dismissed an appeal against a life sentence for rape of an 11-year-old, finding no substantial and compelling circumstances to depart from the minimum sentence.

  • Rape Of Minor
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Sentencing Discretion
  • Victim Impact Statement
  • Minimum-sentencing
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Criminal Law [2025] ZAMPMBHC 57

Mabuza v S (A30/2024)

Mabuza v S (A30/2024) [2025] ZAMPMBHC 57 (18 June 2025)

High Court appeal dismissed; life sentence for rape of a six-year-old child stood, with condonation granted for the late appeal.

  • Rape Of Minor
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Hearsay Evidence In Sentencing
  • Condonation For Late Appeal
  • Minimum-sentencing
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Criminal Law [2025] ZAFSHC 173

Dasheka v S (A147/2024)

Dasheka v S (A147/2024) [2025] ZAFSHC 173 (12 June 2025)

Appeal against rape conviction and life sentence for sexual penetration of a four-year-old child dismissed.

  • Rape Of Minor
  • Minimum Sentencing
  • Child Witness Cautionary Rule
  • Substantial And Compelling Circumstances
  • Rape-of-minor
  • Minimum-sentencing
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Criminal Law [2025] ZAGPPHC 573

Mahlakanya v S (A69/2024)

Mahlakanya v S (A69/2024) [2025] ZAGPPHC 573 (4 June 2025)

The court held that the trial court did not misdirect itself in imposing the prescribed minimum sentence of life imprisonment for the rape of a minor. The appellant's personal circumstances, whether considered individually or cumulatively, did not amount to substantial and compelling circumstances warranting deviation from the statutory minimum. The appellant's previous convictions indicated a propensity for criminal conduct, and no evidence was presented to support the possibility of rehabilitation. The prescribed sentence is not, in itself, a ground for mitigation. Accordingly, there was no…

  • Rape Of Minor
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Appeal Procedure
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Criminal Law [2025] ZAGPPHC 590

S v Mtshali (Sentence) (CC59/2024)

S v Mtshali (Sentence) (CC59/2024) [2025] ZAGPPHC 590 (30 May 2025)

The court found that the accused committed heinous crimes against a defenceless minor, with no substantial and compelling circumstances to justify deviation from the prescribed minimum sentences. The accused's personal circumstances, including youthfulness and time spent in custody, were considered but found insufficient to outweigh the gravity of the offences. The court emphasized the need for a standardized response to such serious crimes and the protection of society. The application for a postponement to obtain a probation officer's report was denied as unsubstantiated and unnecessary. Th…

  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Rape Of Minor
  • Murder
  • Firearms Control
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Criminal Law [2025] ZANWHC 89

K.S v S (Appeal) (CA60/2018)

K.S v S (Appeal) (CA60/2018) [2025] ZANWHC 89 (27 May 2025)

The High Court dismissed an appeal against a rape conviction and life sentence, granting condonation for late filing and finding no prejudice from the charge sheet wording.

  • Rape Of Minor
  • Minimum Sentences
  • Fair Trial Rights
  • Child Witness Evidence
  • Sentencing Discretion
  • Rape-of-minor
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Criminal Law [2025] ZAWCHC 198

C.W v S (Appeal) (A301/2024)

C.W v S (Appeal) (A301/2024) [2025] ZAWCHC 198 (13 May 2025)

Appeal dismissed in a rape case involving a seven-year-old step-granddaughter. The High Court upheld the conviction and life sentence, finding no misdirection.

  • Rape Of Minor
  • Child Witness Testimony
  • Minimum Sentencing
  • Victim Impact Statement
  • Grooming Behaviour
  • Appeal Procedure
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Criminal Law [2025] ZASCA 54

Phogole v S (370/2023)

Phogole v S (370/2023) [2025] ZASCA 54 (9 May 2025)

The SCA upheld a rape conviction based on a single child witness, but reduced the sentence because the minimum-sentence warning was not properly shown on record.

  • Rape Of Minor
  • Single Witness Evidence
  • Minimum Sentence Legislation
  • Cautionary Rule
  • Credibility Of Child Witness
  • Sentencing Misdirection
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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.