South Africa Case Law

S v Mthethwa and Others (Sentence) (CC62/2021)

S v Mthethwa and Others (Sentence) (CC62/2021) [2025] ZAGPPHC 777 (29 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC62/2021

Judge

LA van Wyk

The court found that the accused's personal circumstances, including his period of pre-sentence detention, did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The seriousness and number of offences, including two murders committed during the course of robbery and kidnapping, outweighed any mitigating factors. The accused's alleged mental illness was not substantiated by evidence and did not affect his ability to participate in the trial. The court held that the prescribed sentences were proportionate to the crimes committed an…

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• Minimum Sentencing
• Aggravating Circumstances
• Kidnapping
• Robbery With Aggravating Circumstances
• Murder
• Pre Sentence Detention

Oguh v The State (A151/2023)

Oguh v The State (A151/2023) [2025] ZAFSHC 220 (18 July 2025)

Court

Free State High Court, Bloemfontein

Case number

A151/2023

Judges

Daniso, Van Rhyn

High Court criminal appeal on identification evidence and alibi defence. The conviction for robbery with aggravating circumstances was upheld and the appeal dismissed.

• Identification Evidence
• Single Witness
• Alibi Defence
• Robbery With Aggravating Circumstances
• Criminal-appeal
• Identification-evidence

S v Dyabana and Others (Sentence) (CC64A/2024)

S v Dyabana and Others (Sentence) (CC64A/2024) [2025] ZAECELLC 14 (2 July 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

CC64A/2024

Judge

Cengani-Mbakaza

The court found that the offences were violent, planned, and executed with disregard for the victims' rights and well-being. The accused showed no remorse and the impact on victims and the community was severe, including loss of life, limb, and significant financial loss. While the accused had no previous convictions and were relatively young, these factors did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences for robbery with aggravating circumstances and attempted murder. The court applied the triad approach, balancing the seri…

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• Sentencing Principles
• Minimum Sentences
• Robbery With Aggravating Circumstances
• Attempted Murder
• Firearms Control
• Culpable Homicide

S v Nkosi and Another (CC33/2024)

S v Nkosi and Another (CC33/2024) [2025] ZAMPMBHC 61 (30 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

CC33/2024

Judge

M Moleleki

High Court criminal judgment on robbery, murder and attempted murder. The court admitted a disputed statement, accepted eyewitness and cell-data evidence, and convicted both accused on the main counts.

• Robbery With Aggravating Circumstances
• Murder
• Attempted Murder
• Identification Parade
• Common Purpose
• Recent Possession

S v Majola and Others (CC D13/2024)

S v Majola and Others (CC D13/2024) [2025] ZAKZDHC 40 (20 June 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

CC D13/2024

Judge

Mathenjwa

The court found that the State failed to prove beyond reasonable doubt that the accused were members of a criminal gang under POCA, as the evidence did not establish a pattern of gang activity or mutual benefit. However, the State proved beyond reasonable doubt that accused 1 committed three counts of robbery with aggravating circumstances, based on credible identification evidence and lack of contradiction. Accused 2 was found guilty of six counts of murder, four counts of attempted murder, three counts of robbery with aggravating circumstances, and unlawful possession of a prohibited firear…

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• Murder
• Robbery With Aggravating Circumstances
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Kidnapping

S v B.C.W and Another (Sentence) (CC74/2021)

S v B.C.W and Another (Sentence) (CC74/2021) [2025] ZAWCHC 255 (19 June 2025)

Court

Western Cape High Court, Cape Town

Case number

CC74/2021

Judge

Da Silva Salie

The court found that the offences committed by Mr. Davids were marked by exceptional brutality, targeting elderly and vulnerable victims in their home during prayer. The attack resulted in the death of Mr. D[...] and serious injury to Mrs. D[...], with lasting trauma to the surviving victims and their family. The accused acted in concert with others in a premeditated and coordinated manner, and his conduct during proceedings reflected a lack of respect for human life and dignity. The accused's personal circumstances, including alleged trauma and unsubstantiated claims of dependents, did not a…

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• Murder
• Attempted Murder
• Housebreaking With Intent To Commit Murder
• Robbery With Aggravating Circumstances
• Sentencing Principles

Modime v S (Appeal) (AA10/2023)

Modime v S (Appeal) (AA10/2023) [2025] ZALMPPHC 116 (17 June 2025)

Court

Limpopo High Court, Polokwane

Case number

AA10/2023

Judges

G.C Muller, J. Ngobeni, A van Wyk

The High Court partly upheld Philip Modime’s appeal, setting aside the housebreaking conviction but confirming murder and robbery convictions and concurrent sentencing.

• Accomplice Evidence
• Common Purpose
• Hearsay Admissibility
• Murder
• Robbery With Aggravating Circumstances
• Housebreaking

Mzimela v S (Leave to Appeal) (CC24/2023)

Mzimela v S (Leave to Appeal) (CC24/2023) [2025] ZAKZPHC 57 (17 June 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

CC24/2023

Judge

Mossop

Leave to appeal against sentence was refused. The court held there was no misdirection: the applicant’s personal circumstances were considered and the sentence was justified.

• Sentencing Discretion
• Leave To Appeal
• Robbery With Aggravating Circumstances
• Attempted Murder
• Firearm Possession
• Sentencing-discretion

Mathuthu and Other v S (A56/2024)

Mathuthu and Other v S (A56/2024) [2025] ZAGPJHC 600 (13 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A56/2024

Judges

Yacoob, Bokako

The High Court upheld a sentence appeal, setting aside unclear regional court sentencing orders and replacing them with concurrent sentences effective from 5 October 2016.

• Sentencing Principles
• Minimum Sentences
• Concurrent Sentences
• Firearms Control Act
• Robbery With Aggravating Circumstances
• Attempted Murder

S v Mgqobozi (CC33/2017)

S v Mgqobozi (CC33/2017) [2025] ZAECMHC 53 (12 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CC33/2017

Judge

Jolwana

The court convicted the accused of kidnapping, robbery with aggravating circumstances, two murders and rape, relying on circumstantial and forensic evidence.

• Murder
• Rape
• Kidnapping
• Robbery With Aggravating Circumstances
• Dna Evidence
• Circumstantial Evidence