South Africa Case Law

S v Ndlovu (CCD30/2025)

S v Ndlovu (CCD30/2025) [2025] ZAKZDHC 52 (5 August 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

CCD30/2025

Judge

Hlatshwayo AJ

The court found that the accused intentionally and with premeditation murdered his ex-partner and her mother, and attempted to murder his son. The evidence, including forensic findings, witness testimony, and the deceased's affidavit, established a pattern of domestic violence, threats, and goal-directed conduct. The accused's claim of intoxication was rejected as false and contrived, given his ability to recall details before and after the incident and his purposeful actions during the offence. The court held that the accused unlawfully possessed firearms and ammunition on both relevant date…

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• Murder
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Criminal Capacity
• Intoxication

Mooi and Another v S (A95/2024)

Mooi and Another v S (A95/2024) [2025] ZAGPJHC 720 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A95/2024

Judges

Strydom, R.B. Mkhabela, T.P. Bokako

Appeal in a murder and firearm-possession case partly succeeded: the first appellant’s murder conviction stood, but firearm-possession convictions were set aside; the second appellant’s murder conviction failed.

• Identification Evidence
• Credibility Of Witnesses
• Cautionary Rule
• Common Purpose
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition

S v Majola and Others (CC D13/2024)

S v Majola and Others (CC D13/2024) [2025] ZAKZDHC 40 (20 June 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

CC D13/2024

Judge

Mathenjwa

The court found that the State failed to prove beyond reasonable doubt that the accused were members of a criminal gang under POCA, as the evidence did not establish a pattern of gang activity or mutual benefit. However, the State proved beyond reasonable doubt that accused 1 committed three counts of robbery with aggravating circumstances, based on credible identification evidence and lack of contradiction. Accused 2 was found guilty of six counts of murder, four counts of attempted murder, three counts of robbery with aggravating circumstances, and unlawful possession of a prohibited firear…

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• Murder
• Robbery With Aggravating Circumstances
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Kidnapping

Mahlangu v S (A232/2024)

Mahlangu v S (A232/2024) [2025] ZAGPPHC 660 (12 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

A232/2024

Judges

Munzhelele, Francis-Subbiah

The High Court dismissed an appeal against conviction for assault, attempted murder, and unlawful firearm and ammunition possession.

• Assault Common
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Credibility Of Witnesses
• Forensic Evidence

S v Lutshetu and Others (Sentence) (81/2020)

S v Lutshetu and Others (Sentence) (81/2020) [2025] ZAWCHC 211 (21 May 2025)

Court

Western Cape High Court, Cape Town

Case number

81/2020

Judge

Thulare

The High Court sentenced four accused to life imprisonment for two murders of law enforcement officers, plus concurrent terms for robbery and firearm offences.

• Minimum Sentencing
• Murder Of Law Enforcement Officer
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearms
• Unlawful Possession Of Ammunition
• Substantial And Compelling Circumstances

S v Langa and Others (CC40/2020)

S v Langa and Others (CC40/2020) [2025] ZAGPPHC 314 (24 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC40/2020

Judge

Van Wyk

The High Court convicted several accused from a series of armed robberies in Ratanda and Heidelberg, relying on CCTV, eyewitness evidence, fingerprints, and ballistics.

• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Murder
• Attempted Murder
• Malicious Injury To Property

S v Lutshetu and Others (CC 81/2020)

S v Lutshetu and Others (CC 81/2020) [2025] ZAWCHC 104 (13 March 2025)

Court

Western Cape High Court, Cape Town

Case number

CC 81/2020

Judge

Thulare

The court found that the State proved its case beyond reasonable doubt through circumstantial evidence, forensic analysis, and the recovery of the stolen firearms from the accused soon after the crime. The accused were found in possession of the firearms robbed from the deceased officers, and ballistic evidence linked the weapons to the crime scene. The informer’s tip led police to the shack where the accused were arrested and the firearms recovered. The accused’s versions were inconsistent, improbable, and contradicted by the evidence. The court rejected the defence’s claim of police conspir…

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• Murder
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearms
• Unlawful Possession Of Ammunition
• Minimum Sentences
• Circumstantial Evidence

S v Makasi and Another (Sentence) (CC14/2024)

S v Makasi and Another (Sentence) (CC14/2024) [2024] ZAECQBHC 77 (19 December 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

CC14/2024

Judge

Noncembu

The court found that accused 1's role in the robbery was limited compared to his co-perpetrators, and he did not share in the proceeds, which constituted substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. However, a lengthy term of imprisonment was still warranted due to his active participation. For accused 3, the evidence demonstrated that he was the mastermind, acted with extreme brutality, showed no remorse, and terrorized the community. His personal circumstances did not justify deviation, and the prescribed minimum sentences were proporti…

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• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Kidnapping
• Attempted Murder
• Murder

Fourie and Others v S (A257/2023)

Fourie and Others v S (A257/2023) [2024] ZAGPPHC 1287; [2025] 2 All SA 205 (GP) (6 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

A257/2023

Judges

Moshoana, Molopa-Sethosa, Strydom

The court found that the appellants were correctly convicted of robbery with aggravating circumstances, conspiracy, and statutory offences under the Explosives Act and Riotous Assemblies Act, based on overwhelming evidence including corroborated witness testimony and forensic analysis. However, convictions for unlawful possession of firearms and ammunition were set aside as the doctrine of common purpose does not extend to possession offences without proof of joint possession. The trial was found to be fair, with no failure of justice or bias. The compensation order under section 300 of the C…

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• Common Purpose
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearms
• Unlawful Possession Of Ammunition
• Compensation Order
• Sentencing Principles

Mohelepi v S (A102/2024)

Mohelepi v S (A102/2024) [2024] ZAGPJHC 893 (17 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A102/2024

Judge

Dosio

The court found that the appellant failed to discharge the onus to show that the interests of justice permit his release on bail. The appellant's frequent border crossings, lack of permanent residence, emotional and family ties to Lesotho, and previous conviction for contravening immigration laws established a significant flight risk. The seriousness of the charges, including unlawful possession of a large quantity of ammunition and a hand grenade, and the potential for lengthy imprisonment further weighed against bail. The appellant relied solely on affidavit evidence, which was less persuas…

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• Bail Application
• Flight Risk
• Unlawful Possession Of Ammunition
• Unlawful Possession Of Explosives
• Onus Of Proof
• Interests Of Justice