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South Africa decisions
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Mtalingoane v S (Appeal) (CA32/2024) [2025] ZANWHC 138 (7 August 2025)
The North West High Court dismissed an appeal against a life sentence for rape of a 14-year-old, finding no substantial and compelling circumstances.
Mabela v S (Appeal) (A15/2024) [2025] ZALMPPHC 141 (29 July 2025)
The court found that the appellant had inflicted grievous bodily harm on the complainant during the commission of rape, triggering the minimum sentence of life imprisonment under the Criminal Law Amendment Act. The appellant failed to demonstrate substantial and compelling circumstances warranting deviation from the prescribed sentence. His lack of remorse, refusal to accept responsibility, and the aggravating factors—including breach of trust, brutality, and the prevalence of such offences—outweighed any mitigating factors. The appellant’s personal circumstances, including his youth and stat…
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Stunga v S (Appeal) (CA&R155/2024) [2025] ZAECMKHC 54 (15 July 2025)
The High Court dismissed an appeal against a life sentence for rape of an 11-year-old, finding no substantial and compelling circumstances to depart from the minimum sentence.
Makhetha v The State (A102/2024) [2025] ZAFSHC 210 (10 July 2025)
The High Court upheld a sentence appeal in a rape matter, finding the trial court failed to balance mitigating and aggravating factors evenly.
S v N.M (Sentence) (CC03/2025) [2025] ZAECMHC 59 (20 June 2025)
Sentencing judgment for murder and housebreaking. The court found substantial and compelling circumstances and imposed 8 years plus two 15-year terms, with concurrency.
Mabuza v S (A30/2024) [2025] ZAMPMBHC 57 (18 June 2025)
High Court appeal dismissed; life sentence for rape of a six-year-old child stood, with condonation granted for the late appeal.
Mlota v S (A338/2023) [2025] ZAGPPHC 604; 2025 (2) SACR 197 (GP) (13 June 2025)
The High Court set aside a life sentence for rape and replaced it with 15 years after finding the State had not proved a domestic relationship.
Kock v S (KS 18/2024) [2025] ZANCHC 55 (13 June 2025)
The High Court granted condonation and leave to appeal against life sentences for murder and related assault charges, finding reasonable prospects of success.
Dasheka v S (A147/2024) [2025] ZAFSHC 173 (12 June 2025)
Appeal against rape conviction and life sentence for sexual penetration of a four-year-old child dismissed.
Kamati v S (A132/2024) [2025] ZAFSHC 171 (12 June 2025)
The court found that the murder was committed in a particularly cruel and premeditated manner by the appellant and his co-accused. The appellant's personal circumstances, including his age, status as a first offender, parental responsibilities, employment, and cooperation with authorities, did not constitute substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. The aggravating features of the offence far outweighed any mitigating factors. The sentencing court's decision to impose life imprisonment was correct and cannot be faulted.
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