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South Africa decisions
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Mahlango v S (A37/2024) [2025] ZAGPPHC 228 (7 March 2025)
The High Court set aside a rape conviction on count 2, substituting attempted rape and imposing 10 years’ direct imprisonment to run concurrently with life imprisonment on count 1.
Vilakazi and Another v S (A177/2017) [2021] ZAGPPHC 479 (27 July 2021)
The High Court dismissed two men’s appeal against rape convictions and sentences involving a minor complainant, finding the child’s evidence credible and corroborated.
H.L v S (A51/2019) [2019] ZAWCHC 49 (26 April 2019)
The court found that the complainant was subjected to a violent assault and coerced into sexual intercourse, rendering any purported consent invalid. The medical evidence corroborated the complainant's account of the severity of the assault. The definition of sexual penetration under the Sexual Offences and Related Matters Amendment Act, 32 of 2007, clearly encompasses both oral and vaginal acts, and case law supports treating each act as a separate count of rape. The trial court's approach to sentencing was within its discretion, and the total sentence imposed did not induce a sense of shock…
Source excerpt
Dingwayo v S (A623/15) [2016] ZAGPPHC 448 (15 June 2016)
The High Court dismissed Petrus Dingwayo’s sentence appeal, finding no misdirection in the magistrate’s conclusion that the complainant was raped on three occasions.
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