South Africa Case Law

Ntandani v S (CA61/23)

Ntandani v S (CA61/23) [2024] ZANWHC 243 (18 September 2024)

Court

North West High Court, Mafikeng

Case number

CA 61/23

Judges

Reddy, Williams

The court found that although there was an impermissible splitting of charges by charging the appellant with two counts of rape for acts committed during a single encounter, the prejudice to the appellant was ameliorated by the trial court imposing a cumulative life sentence for both counts. The court reaffirmed that the prosecution has discretion in framing charges, but judicial officers must guard against duplication of convictions. The appellant's personal circumstances, including his age, family responsibilities, limited education, and guilty plea, were considered but found to be outweigh…

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• Rape
• Minimum Sentencing
• Splitting Of Charges
• Substantial And Compelling Circumstances

S v Nonkasu - Review Judgment (CA&R 150/2023)

S v Nonkasu - Review Judgment (CA&R 150/2023) [2023] ZAECMKHC 103 (19 September 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 150/2023

Judges

Bloem, Tokota

High Court review partly confirmed a magistrate’s judgment, setting aside a conviction for assault with intent to do grievous bodily harm for lack of factual basis.

• Domestic Violence Act
• Splitting Of Charges
• Assault With Intent To Do Grievous Bodily Harm
• Conviction On Admissions
• Criminal-law
• Domestic-violence-act

Changwaza v S (A327/19)

Changwaza v S (A327/19) [2022] ZAGPPHC 178 (25 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

A327/19

Judges

Bokako, Maumela

The High Court dismissed a criminal appeal against conviction and life sentence for multiple rape and assault convictions, upholding the reconstructed record.

• Sexual Offences And Related Matters Amendment Act
• Minimum Sentences Act
• Single Witness Rule
• Splitting Of Charges
• Sentencing Principles
• Gender Based Violence

Industrial Oleo Chemical Products v Pillay and Others (D1294/16)

Industrial Oleo Chemical Products v Pillay and Others (D1294/16) [2021] ZALCD 60 (6 August 2021)

Court

Labour Court Durban

Case number

D1294/16

Judge

H Cele

Labour Court review dismissed after upholding a reinstatement award for unfair dismissal, finding the charges were distinct and the commissioner’s decision reasonable.

• Unfair Dismissal
• Disciplinary Procedure
• Splitting Of Charges
• Negligence
• Condonation
• Retrospective Reinstatement

M.G v S (A158/2019)

M.G v S (A158/2019) [2020] ZAWCHC 42 (25 May 2020)

Court

Western Cape High Court, Cape Town

Case number

A158/2019

Judges

E D Baartman, J I Cloete

High Court appeal in a sexual offences case: convictions on counts 2, 3, 4, and 5 were set aside, while convictions on counts 1 and 6 were upheld.

• Sexual Offences
• Rape
• Credibility Of Single Witness
• Corroboration
• Splitting Of Charges
• Sentencing

Dlakiya v S (A167/2019)

Dlakiya v S (A167/2019) [2019] ZAWCHC 159 (22 November 2019)

Court

Western Cape High Court, Cape Town

Case number

A167/2019

Judges

J I Cloete, B Martin

The court found that the appellant was correctly convicted based on the credible and reliable evidence of Constable Gosa, the proximity in time between the robbery and the appellant's possession of the stolen vehicle, and the absence of a satisfactory explanation. The doctrine of recent possession was properly applied, and the magistrate's inferential reasoning was consistent with binding Supreme Court of Appeal authority. The court rejected the argument of improper splitting of charges, holding that the theft of the vehicle during the robbery constituted separate offences for which separate…

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• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances
• Doctrine Of Recent Possession
• Splitting Of Charges
• Minimum Sentencing
• Condonation

Mubeka v S (154/2013)

Mubeka v S (154/2013) [2018] ZAGPJHC 496 (25 September 2018)

Court

South Gauteng High Court, Johannesburg

Case number

154/2013

Judges

E Van Vuuren, Fisher

The court found that convictions on counts 2, 8, and 9 could not be sustained. Count 2 amounted to an improper splitting of charges as the evidence did not support the taking of the cellular phone and the firearm was taken to facilitate the main robbery. Count 8 was set aside based on parity with co-accused, as the ammunition charge only related to another accused. Count 9 was set aside due to insufficient evidence linking the appellant to the theft of the vehicle, with the doctrine of recent possession not applicable given the time lapse and uncertainty regarding identification. The sentence…

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• Attempted Robbery
• Murder
• Doctrine Of Recent Possession
• Minimum Sentencing
• Splitting Of Charges
• Unlawful Possession Of Firearms

Sekgwale v S (A128/2016)

Sekgwale v S (A128/2016) [2017] ZAGPPHC 552 (25 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

A128/2016

Judges

M.A. Hawyes, S.A.M. Baqwa

The High Court substituted a housebreaking conviction where the evidence proved intent to steal and rape, and confirmed the six-year sentence.

• Housebreaking With Intent
• Splitting Of Charges
• Criminal Procedure Act
• Conviction Substitution
• Housebreaking
• Splitting-of-charges

Makhubela v S (A11/2016)

Makhubela v S (A11/2016) [2017] ZAGPPHC 266 (18 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

A11/2016

Judges

N V Khumalo, J Holland-Muter

The appeal court found that the trial court correctly convicted the appellant on the counts of rape and robbery with aggravating circumstances, as the complainants' evidence was credible, corroborated by medical reports, and supported by other witnesses. The appellant's version was found to be improbable and inconsistent. The court held that the sentences imposed were appropriate given the seriousness and prevalence of the offences, and that no substantial and compelling circumstances existed to justify deviation from the prescribed minimum sentences. However, the court accepted that the conv…

Source excerpt

• Rape
• Robbery With Aggravating Circumstances
• Minimum Sentences
• Splitting Of Charges
• Credibility Of Witnesses
• Appeal Procedure

Setshedi v S (A436/2014)

Setshedi v S (A436/2014) [2016] ZAGPPHC 1043; 2017 (1) SACR 504 (GP) (14 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

A436/2014

Judges

Prinsloo, Louw, Mothle

The High Court dismissed most conviction appeals, set aside two firearm-related convictions for splitting charges, and reduced the murder sentences to the prescribed minimum.

• Minimum Sentencing
• Splitting Of Charges
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Murder
• Appeal Procedure