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E.S v S (CA&R71/16) [2016] ZANCHC 10 (16 September 2016)
The High Court upheld an appeal against a 12-month prison sentence for failing to pay maintenance, finding misdirections and ordering reconsideration after a proper financial enquiry.
S v Tlaba (99/2015) [2015] ZAFSHC 170 (10 September 2015)
On automatic review, the High Court upheld the conviction for assault with intent to do grievous bodily harm but replaced the prison term with a wholly suspended sentence and compensation order.
S v Williams and Others (CCT20/94) [1995] ZACC 6; 1995 (3) SA 632 ; 1995 (7) BCLR 861 (CC) (9 June 1995)
Section 294 of the Criminal Procedure Act, which authorises juvenile whipping, violates sections 10 and 11(2) of the Constitution by subjecting juveniles to cruel, inhuman, and degrading punishment. The deliberate infliction of physical pain by the State, regardless of age, is incompatible with respect for human dignity and cannot be justified by resource constraints, deterrence, or retribution. The limitation imposed by section 294 is not reasonable, justifiable, or necessary in an open and democratic society. There are sufficient alternative sentencing options available, and the practice of…
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