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South Africa decisions
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S v Pitso (Sentence) (KS 7/2025) [2025] ZANCHC 61 (1 August 2025)
Guilty-plea sentencing for murder and two assaults arising from domestic violence. The court found substantial and compelling circumstances and imposed 20 years’ imprisonment.
S v Hofmeester and Another (Sentence) (CC25/2020) [2025] ZAWCHC 278 (17 June 2025)
The court found that the murder of the five-year-old victim was senseless, brutal, and committed in furtherance of a common purpose by gang-affiliated accused using unlicensed firearms. The accused did not demonstrate genuine remorse, continued to mislead the court, and failed to accept responsibility. Their personal circumstances, including pre-sentence detention, did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment. The interests of society, the severity of the offences, and the devastating impact on the vi…
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S v Cramford (Sentence) (CC 69/2024) [2025] ZAECMKHC 13 (7 February 2025)
The court found that the aggravating circumstances of the offences—repeated rape of a vulnerable child, abuse of trust, calculated conduct, and psychological harm—far outweighed any mitigating factors. The accused's plea of guilty and claimed remorse were not found to be genuine or sufficient to justify deviation from the statutory minimum sentence. The court emphasized that the interests of society and the protection of children require the strictest sanction. No substantial and compelling circumstances were present to warrant a lesser sentence. Accordingly, the prescribed minimum sentence o…
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S v Mokoena (CC27/2021) [2022] ZAGPPHC 504 (22 June 2022)
Sentencing judgment in a murder and attempted murder case, where the High Court imposed 25 years' imprisonment for murder and concurrent terms for the remaining counts.
S v S.N (CC16/2022) [2022] ZAECMKHC 122 (20 April 2022)
The court found that substantial and compelling circumstances existed to justify deviation from the prescribed minimum sentence of life imprisonment for rape of a minor. These included the accused's detailed and truthful guilty plea, genuine remorse, apology to the victim and family, lack of previous sexual offences, and the fact that he was punished by the community and sustained physical injuries. The medical evidence did not indicate severe physical injury, and the gravity of injuries could not be speculated upon. The accused demonstrated a capacity for rehabilitation, having committed no…
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S v Nkikane (69/2021) [2022] ZAFSHC 50 (10 March 2022)
The High Court convicted the accused of multiple rapes of his minor daughter and assault, rejected his defence, and imposed concurrent life sentences and two years for assault.
S v Hendricks (27/2021) [2022] ZAECGHC 20 (24 February 2022)
The court found that the rape conviction involved the infliction of grievous bodily harm, as evidenced by the complainant's severe physical and emotional injuries. The statutory minimum sentence of life imprisonment was applicable under the Minimum Sentences Act. The court meticulously considered Hendricks' personal circumstances, including his status as a first offender, family responsibilities, and past trauma, but concluded these did not amount to substantial and compelling circumstances justifying deviation from the prescribed sentence. The apology and guilty plea were not regarded as gen…
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Mosoma v S (A843/2014) [2016] ZAGPPHC 1101 (14 December 2016)
High Court appeal against sentence for murder, rape and robbery succeeded. The court reduced the sentences and ordered them to run concurrently.
Afrika v S (CA&R67/2015) [2016] ZANCHC 23 (1 July 2016)
The High Court set aside a life sentence for murder and replaced it with 25 years’ imprisonment, finding the original sentence disproportionately harsher than a co-accused’s.
City of Cape Town v Freddie and Others (CA13 /14) [2016] ZALAC 8; [2016] 6 BLLR 568 (LAC); (2016) 37 ILJ 1364 (LAC) (15 March 2016)
The Labour Appeal Court upheld the dismissal of an employee for gross insubordination and racist emails, finding the arbitrator’s reinstatement award unreasonable.
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