South Africa Case Law

E.M v S (Appeal) (A55/2023)

E.M v S (Appeal) (A55/2023) [2025] ZAWCHC 309 (18 July 2025)

Court

Western Cape High Court, Cape Town

Case number

A55/2023

Judges

Van Leeve, Ndita

The court held that the record, though imperfect, was sufficient for proper adjudication of the appeal, as the summary of evidence provided a clear understanding of the issues. The trial court's credibility findings regarding the complainants were supported by the evidence, and the application of the cautionary rules for single and child witnesses was correct. The delay in reporting the offences was explained and did not undermine the complainants' credibility. The appellant's bare denial and attempt to blame others were found to be improbable. Regarding sentence, the court found no substanti…

Source excerpt

• Rape Of Minors
• Minimum Sentencing
• Child Witness Evidence
• Credibility Assessment
• Delay In Reporting
• Pre-sentence Detention

Gwala v S (AR18/2022)

Gwala v S (AR18/2022) [2024] ZAKZPHC 108 (22 November 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR18/2022

Judges

Mossop, Hadebe

The High Court dismissed a sentence appeal for rape and robbery, upholding life imprisonment on three rape counts and 15 years for robbery.

• Rape Of Minors
• Robbery With Aggravating Circumstances
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Sentencing Discretion
• Criminal-law

Mohono v S (A44/2024)

Mohono v S (A44/2024) [2024] ZAFSHC 298 (18 September 2024)

Court

Free State High Court, Bloemfontein

Case number

A44/2024

Judges

Mhlambi, Daniso

The appeal court found no misdirection in the trial court's evaluation of the evidence. The complainants' testimony, corroborated by witnesses, medical reports, and DNA evidence, was found credible and sufficient for conviction. The admission of the minor complainant's statement as hearsay was justified due to her unavailability and was supported by other reliable evidence. The contradictions raised by the appellant were immaterial and did not affect the reliability of the State's case. The trial court properly considered the appellant's personal circumstances and previous convictions, and th…

Source excerpt

• Rape Of Minors
• Minimum Sentencing
• Hearsay Evidence
• Admission Of Statements
• Impersonation Of Police Officer
• Abduction And Kidnapping

Mohono v S (A44/2024)

Mohono v S (A44/2024) [2024] ZAFSHC 418 (18 September 2024)

Court

Free State High Court, Bloemfontein

Case number

A44/2024

Judges

Mhlambi, Daniso

The High Court dismissed an appeal against convictions and sentences for rape, impersonation of a police officer, abduction and kidnapping, and granted condonation.

• Rape Of Minors
• Minimum Sentencing
• Hearsay Evidence
• Admission Of Dna Evidence
• Impersonation Of Police Officer
• Abduction And Kidnapping

L.S.M.M v S (A307/2022)

L.S.M.M v S (A307/2022) [2024] ZAGPPHC 787 (12 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

A307/2022

Judges

Mali, Baloyi-Mere

The court found that the evidence of the complainants was corroborated by other witnesses and that the contradictions cited by the appellant were immaterial and did not affect credibility. The absence of medical evidence did not undermine the complainants' accounts, as corroboration was provided by their mother and other witnesses. The appellant failed to establish any reason for false implication. The prescribed minimum sentence of life imprisonment for rape of minors was appropriate, as no substantial and compelling circumstances were proven to justify deviation. The appellant's age, family…

Source excerpt

• Rape Of Minors
• Sexual Assault
• Minimum Sentencing
• Child Witness Evidence
• Credibility Assessment

V.D.M v S (CA 39/2021)

V.D.M v S (CA 39/2021) [2024] ZANWHC 77 (15 March 2024)

Court

North West High Court, Mafikeng

Case number

CA 39/2021

Judges

J T Djaje, S Mfenyana

The High Court dismissed an appeal against life sentences for two counts of rape of minors, holding there were no substantial and compelling circumstances.

• Rape Of Minors
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Abuse Of Trust
• Criminal-law
• Rape-of-minors

Seleke v S - Appeal (A64/2023)

Seleke v S - Appeal (A64/2023) [2023] ZAFSHC 344 (29 August 2023)

Court

Free State High Court, Bloemfontein

Case number

A64/2023

Judges

Reinders, Daniso

Appeal dismissed against convictions and life sentences for raping two minors; the court upheld the trial court’s credibility findings and minimum-sentence reasoning.

• Rape Of Minors
• Credibility Of Witnesses
• Minimum Sentencing
• Appeal Procedure
• Alibi Defence
• Rape-of-minors

S v Ntombana (54/2022)

S v Ntombana (54/2022) [2022] ZAECELLC 37 (1 December 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

54/2022

Judge

Govindjee

The court found that the accused committed multiple rapes and attempted rapes against vulnerable victims, including minors, using threats and violence. The psycho-social reports demonstrated profound and lasting harm to the victims and their families. The accused’s personal circumstances, including his youth, lack of prior convictions, and time spent in custody, were considered but found to be outweighed by the seriousness, premeditation, and repeated nature of the offences. The court held that there were no substantial and compelling circumstances to justify a lesser sentence than life impri…

Source excerpt

• Rape Of Minors
• Minimum Sentencing
• Sexual Offences Register
• Child Protection Register
• Firearm Disqualification

Yose and Another v S (04/2021; A230/2021; RCA 199/2008)

Yose and Another v S (04/2021; A230/2021; RCA 199/2008) [2022] ZAWCHC 130; 2022 (2) SACR 603 (WCC) (22 June 2022)

Court

Western Cape High Court, Cape Town

Case number

04/2021; A230/2021; RCA 199/2008

Judges

Van Zyl, Gamble

Appeal against sentence partly upheld: rape life sentences were replaced with 25 years, backdated, because long pre-sentence detention was substantial and compelling.

• Sentencing Principles
• Minimum Sentences
• Rape Of Minors
• Pre Sentence Detention
• Concurrent Sentences
• Globular Sentencing

Metsing v S (A76/2021)

Metsing v S (A76/2021) [2022] ZAFSHC 99 (17 May 2022)

Court

Free State High Court, Bloemfontein

Case number

A76/2021

Judges

C. Van Zyl, N.M. Mbhele

The High Court dismissed an appeal against rape and kidnapping convictions and sentences, upholding the complainant’s identification and rejecting the alibi.

• Rape Of Minors
• Identification Evidence
• Alibi Defence
• Minimum Sentencing
• Child Witness Evidence
• Rape-of-minors