South Africa Case Law

Mthombeni v S (A210/2023)

Mthombeni v S (A210/2023) [2025] ZAGPPHC 521 (22 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A210/2023

Judges

SK Hassim, FS Nemutandani

The trial court misdirected itself by treating the appellant as a second offender for 'robbery with aggravating circumstances' when his previous conviction was for 'robbery' without aggravating circumstances. The wording of section 51(2)(a)(ii) of the Minimum Sentences Act requires that the previous conviction be of the same kind or degree, i.e., 'robbery with aggravating circumstances.' There was no evidence that the appellant's previous conviction involved aggravating circumstances or the taking of a motor vehicle. Therefore, the appellant should have been sentenced as a first offender, att…

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• Minimum Sentences Act
• Robbery With Aggravating Circumstances
• Sentencing Misdirection
• Previous Convictions
• Appeal Powers

Phogole v S (370/2023)

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

Court

Supreme Court of Appeal

Case number

370/2023

Judges

Makgoka, Mokgohloa, Mothle

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

Khumalo v S (A052/2024)

Khumalo v S (A052/2024) [2025] ZAGPJHC 282 (14 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A052/2024

Judges

Mdalana-Mayisela, Bokako

The High Court upheld an appeal against sentence in a robbery and attempted murder case, reducing the effective sentence from 20 years to 18 years.

• Minimum Sentencing
• Substantial And Compelling Circumstances
• Robbery With Aggravating Circumstances
• Attempted Murder
• Sentencing Misdirection
• Minimum-sentencing

Rapoloti v S (A24/2023)

Rapoloti v S (A24/2023) [2024] ZAGPPHC 1233 (28 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

A24/2023

Judges

Du Plessis, Mngqibisa-Thusi

The High Court reduced a sentence for contravening section 5A of the MPRDA from three years to six months, finding the trial court applied the wrong penalty provision.

• Minerals And Petroleum Resources Development Act
• Sentencing Misdirection
• Statutory Interpretation
• Prescribed Penalties
• Sentencing-misdirection
• Statutory-interpretation

Mathuthu and Others v S (393/2021)

Mathuthu and Others v S (393/2021) [2024] ZASCA 50 (17 April 2024)

Court

Supreme Court of Appeal

Case number

393/2021

Judges

Mokgohloa, Nicholls, Mothle, Hughes, Baartman

The Supreme Court of Appeal dismissed leave to appeal on conviction, but granted leave on sentence and remitted the sentence issue to the High Court.

• Leave To Appeal
• Sentencing Misdirection
• Petition Procedure
• Criminal Conviction
• Firearm Control Act
• Criminal-appeals

Mogashoa v S (CAF 01/2021)

Mogashoa v S (CAF 01/2021) [2023] ZANWHC 25 (10 March 2023)

Court

North West High Court, Mafikeng

Case number

CAF 01/2021

Judges

J T Djaje, F M M Snyman, S S Maakane

The indictment clearly referred to section 51(2) of the Criminal Law Amendment Act, which prescribes a minimum sentence of fifteen years imprisonment for a first offender convicted of murder. The appellant was a first offender, and no previous convictions were proven. The trial court erred by imposing a sentence of life imprisonment and failing to properly warn the appellant of the implications of the minimum sentencing legislation. Both parties agreed that this omission resulted in an unfair trial and a misdirection in sentencing. The court found no substantial and compelling circumstances t…

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• Minimum Sentences
• Fair Trial Rights
• Murder
• Sentencing Misdirection

Mchunu v S (AR332/21)

Mchunu v S (AR332/21) [2022] ZAKZPHC 12 (29 April 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR332/21

Judges

Khallil, Poyo Dlwati

The appeal succeeded because the regional court misdirected itself by relying on contentious, untested facts presented by the prosecutor that contradicted the factual matrix accepted in the appellant's plea. The magistrate failed to properly consider the cumulative effect of the appellant's personal circumstances, genuine remorse, and the peculiar circumstances of the offence. The appellant was a first offender, gainfully employed, and the father of two minor children. He showed genuine remorse by assisting the victims, apologising to the family, and covering funeral costs. The deceased and c…

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• Minimum Sentence Legislation
• Dolus Eventualis
• Sentencing Misdirection
• Remorse
• Concurrent Sentences

Khathide v S (840/2020)

Khathide v S (840/2020) [2022] ZASCA 17 (14 February 2022)

Court

Supreme Court of Appeal

Case number

840/2020

Judges

Molemela, Mokgohloa, Mothle, Phatshoane, Molefe

The Supreme Court of Appeal held that the high court erred in refusing leave to appeal against sentence after the magistrate relied on facts not proved in the plea record.

• Leave To Appeal
• Sentencing Misdirection
• Criminal Procedure Act Section 112
• Reasonable Prospects Of Success
• Leave-to-appeal
• Sentencing-misdirection

Modise v S (A172/2020)

Modise v S (A172/2020) [2021] ZAFSHC 146 (27 May 2021)

Court

Free State High Court, Bloemfontein

Case number

A172/2020

Judges

Van Zyl, Chesiwe

The High Court upheld an appeal against sentence for rape, finding a misdirection in the minimum-sentence approach and reducing 15 years to 12 years.

• Rape
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Sentencing Misdirection
• Criminal Procedure Act
• Minimum-sentencing

Sishwili v S (AR160/2020)

Sishwili v S (AR160/2020) [2021] ZAKZPHC 2 (22 January 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR160/2020

Judges

Marks, Kruger

The High Court upheld an appeal against sentence for rape and reduced a 15-year term to 10 years after finding the trial court misdirected itself on grievous bodily harm.

• Rape
• Minimum Sentences
• Grievous Bodily Harm
• Sentencing Misdirection
• Superior Courts Act
• Minimum-sentences