South Africa Case Law

Swartz v S (A430/13)

Swartz v S (A430/13) [2014] ZAWCHC 113; 2016 (2) SACR 268 (WCC) (4 August 2014)

Court

Western Cape High Court, Cape Town

Case number

A430/13

Judges

Desai, Baartman, Rogers

The court held that the minimum sentencing regime under the Criminal Law Amendment Act 105 of 1997 applies to convictions for unlicensed possession of semi-automatic firearms, as the Act’s provisions operate notwithstanding any other law, including the Firearms Control Act 60 of 2000. The Supreme Court of Appeal’s decision in S v Thembalethu is binding and confirms this interpretation. The appellant was sufficiently forewarned of the applicability of the minimum sentencing legislation, and the trial was conducted on that basis. In relation to count 1, no substantial and compelling circumstanc…

Source excerpt

• Minimum Sentencing
• Unlicensed Firearm Possession
• Firearms Control Act
• Criminal Law Amendment Act
• Substantial And Compelling Circumstances

S v Luruli and Another (SS 63/11)

S v Luruli and Another (SS 63/11) [2012] ZAGPJHC 294; 2014 (1) SACR 511 (GJ) (20 July 2012)

Court

South Gauteng High Court, Johannesburg

Case number

SS 63/11

Judge

Weiner

Sentencing judgment for rape and related violent offences, where the court imposed eight life sentences plus 35 years’ imprisonment, with limited concurrency.

• Minimum Sentences Legislation
• Sexual Offences And Related Matters Amendment Act
• Robbery With Aggravating Circumstances
• Unlicensed Firearm Possession
• Compelled Sexual Assault
• Aiding And Abetting