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South Africa decisions
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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.
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.
Makhetha v The State (A102/2024) [2025] ZAFSHC 210 (10 July 2025)
The High Court upheld a sentence appeal in a rape matter, finding the trial court failed to balance mitigating and aggravating factors evenly.
Mzimela v S (Leave to Appeal) (CC24/2023) [2025] ZAKZPHC 57 (17 June 2025)
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.
Kock v S (KS 18/2024) [2025] ZANCHC 55 (13 June 2025)
The High Court granted condonation and leave to appeal against life sentences for murder and related assault charges, finding reasonable prospects of success.
Kamati v S (A132/2024) [2025] ZAFSHC 171 (12 June 2025)
The court found that the murder was committed in a particularly cruel and premeditated manner by the appellant and his co-accused. The appellant's personal circumstances, including his age, status as a first offender, parental responsibilities, employment, and cooperation with authorities, did not constitute substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. The aggravating features of the offence far outweighed any mitigating factors. The sentencing court's decision to impose life imprisonment was correct and cannot be faulted.
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Ditlhakanyane v S (775/2023) [2025] ZASCA 90 (12 June 2025)
The Supreme Court of Appeal found that convicting the appellant under both s 2(1)(e) and s 2(1)(f) of POCA for the same conduct violated the rule against duplication of convictions. The evidence used to prove participation in the enterprise (s 2(1)(e)) necessarily proved management of the enterprise (s 2(1)(f)), and vice versa, making the two counts indistinguishable on the facts. Both the trial and full courts failed to address this duplication, constituting a material misdirection. The conviction and sentence under s 2(1)(f) were set aside, leaving only the conviction under s 2(1)(e). Regar…
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Maluleka v S (Appeal) (A29/2022) [2025] ZALMPPHC 103 (30 May 2025)
The High Court dismissed an appeal against rape convictions and a life sentence, holding that the complainant’s evidence was credible and the trial court had not misdirected itself.
Bila v S (Appeal) (CA56/2022) [2025] ZANWHC 90 (29 May 2025)
The appeal court found that the trial court did not exercise its sentencing discretion properly and judicially when imposing a sentence of 20 years imprisonment for robbery with aggravating circumstances. The trial court was influenced by personal and emotional considerations, including the appellant's nationality and geographical origin, which resulted in a sentence that was disturbingly excessive and disproportionate to the offence. The prescribed minimum sentence for a first offender under Section 51(2) of the Criminal Law Amendment Act 105 of 1997 is 15 years imprisonment, and there were…
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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.
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