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South Africa decisions
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J.O v J.O and Another (15759/2015) [2022] ZAGPPHC 939 (28 November 2022)
The High Court restricted a father’s contact with his minor child to supervised visits after finding recent methamphetamine use and related risk to the child.
W v B (2020/19107) [2022] ZAGPJHC 1061 (22 May 2022)
The court found that both parties have psychological and relational challenges, but both love and are committed to the minor child, AM. Expert reports from Dr Roux and Dr De Vos recommended shared residency and phased-in contact, with ongoing therapeutic intervention and the appointment of a parenting coordinator. The respondent demonstrated commitment to recovery, with negative drug tests and willingness to submit to further testing. The applicant's insistence on supervised contact and restrictive arrangements was found to be excessive and not in the best interests of the child. The court he…
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JVS v LVS (29720/2020) [2021] ZAGPJHC 458 (3 September 2021)
The court found that both parents love their children and have made significant efforts to resolve their disputes, but the applicant's history of alcohol misuse and his lack of insight into its impact on the children remain concerning. The expert reports did not provide definitive findings on overnight contact, and the court was not convinced that the applicant had fully addressed the consequences of his addiction. The court held that the best interests of the children require safeguarding against potential harm, but do not justify indefinite restriction of extended contact. Accordingly, the…
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S v C.S (A74/14, A395/15, 06/2014) [2015] ZAGPPHC 520 (11 June 2015)
The court found that the prosecution and magistrate failed to comply with the Child Justice Act by not properly considering diversion after the accused completed a life skills programme for theft, and by failing to hold a preliminary enquiry for the robbery charge. The prosecutor did not record reasons for abandoning diversion, and the magistrate did not monitor or enforce its orders. The sentence imposed—detention at a treatment centre under s 296(1) of the Criminal Procedure Act—was inappropriate, as it did not consider the sentencing options under Chapter 10 of the Child Justice Act or the…
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S v Mngenelwa (SS243/2015) [2015] ZAGPJHC 219 (15 May 2015)
A 17-year-old accused pleaded guilty to murder and robbery with aggravating circumstances. The court found substantial and compelling circumstances and imposed 10 years on each count concurrently.
S D P v The State (940/2013) [2014] ZASCA 224 (28 November 2014)
Appeal against a 12-year sentence for two murders and theft was dismissed. The court held that youth and drug use were mitigating, but not enough to justify interference.
Freeman v S (A132/2012) [2012] ZAWCHC 308 (12 September 2012)
The High Court upheld an appeal against a sentence of direct imprisonment, finding the magistrate failed to consider the appellant’s substance abuse and sentencing alternatives.
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