South Africa Case Law

C.V.D.M v S (Appeal) (A180/2023)

C.V.D.M v S (Appeal) (A180/2023) [2025] ZAWCHC 299 (22 July 2025)

Court

Western Cape High Court, Cape Town

Case number

A180/2023

Judges

M Pangarker, V C Saldanha

The appeal court found that the Regional Magistrate properly exercised her sentencing discretion, fully considered the appellant's personal circumstances, the interests of the community, and the gravity of the offences. The appellant's alleged anger issues and drug use did not constitute substantial and compelling circumstances. His admission of guilt was limited to the attempted murder and was compelled by overwhelming evidence, not genuine remorse. The brutality, cruelty, and inhumanity of the crimes, including repeated rapes, sexual assault, and attempted murder, justified the imposition o…

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• Rape
• Attempted Murder
• Gender Based Violence
• Minimum Sentencing
• Remorse
• Victim Impact

E.M.M v S (A190/2024)

E.M.M v S (A190/2024) [2025] ZAGPPHC 344 (24 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

A190/2024

Judges

Phahlane, MJ Mosopa

Appeal against a life sentence for rape of a 14-year-old was dismissed. The High Court found no substantial and compelling circumstances to justify deviation.

• Rape Of Minor
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Sentencing Discretion
• Victim Impact
• Intoxication As Mitigation

S v Cramford (Sentence) (CC 69/2024)

S v Cramford (Sentence) (CC 69/2024) [2025] ZAECMKHC 13 (7 February 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CC 69/2024

Judge

Govindjee

The court found that the aggravating circumstances of the offences—repeated rape of a vulnerable child, abuse of trust, calculated conduct, and psychological harm—far outweighed any mitigating factors. The accused's plea of guilty and claimed remorse were not found to be genuine or sufficient to justify deviation from the statutory minimum sentence. The court emphasized that the interests of society and the protection of children require the strictest sanction. No substantial and compelling circumstances were present to warrant a lesser sentence. Accordingly, the prescribed minimum sentence o…

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• Rape Of Minor
• Minimum Sentences Act
• Sentencing Principles
• Victim Impact
• Remorse And Mitigation
• Child Protection Register

Ntuli v S (AR258/2023)

Ntuli v S (AR258/2023) [2024] ZAKZDHC 42 (26 June 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

AR258/2023

Judges

A M Annandale, M Sibisi

Appeal against sentence for rape of a child and exposing a child to pornography dismissed; life sentences and the pornography sentence were confirmed.

• Rape Of Minor
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Remorse
• Victim Impact
• Appeal Threshold

S v Ntsibande (sentence) (SS54/2021)

S v Ntsibande (sentence) (SS54/2021) [2024] ZAGPJHC 407 (25 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS54/2021

Judge

MMP Mdalana-Mayisela

High Court sentence judgment in a murder case: despite a 15-year minimum, the court found substantial and compelling circumstances and imposed 12 years.

• Murder
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Firearms Control Act
• Victim Impact
• Mitigation Of Sentence

S v Moremane and Others (SS119/2021)

S v Moremane and Others (SS119/2021) [2023] ZAGPJHC 1506 (30 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

SS119/2021

Judge

Mdalana-Mayisela

The High Court sentenced four accused for theft to five years’ imprisonment each, with one year six months suspended, after finding the offence planned and serious.

• Theft
• Sentencing Principles
• Victim Impact
• Suspended Sentence
• Aggravating Factors
• Mitigating Factors

Lesia v S (A105/2022)

Lesia v S (A105/2022) [2023] ZAGPPHC 1950 (23 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

A105/2022

Judges

C J van der Westhuizen, N Tshombe

The High Court dismissed an appeal against a life sentence for rape, finding no substantial and compelling circumstances to justify departure from the prescribed minimum.

• Rape
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Victim Impact
• Remorse
• Sentencing Principles

S v Motaung and Another (SS54/2016)

S v Motaung and Another (SS54/2016) [2023] ZAGPJHC 1512 (20 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

SS54/2016

Judge

Siwendu

Sentencing judgment in a violent robbery and murder case. Both accused received life imprisonment for murder, with additional concurrent and cumulative terms for related offences.

• Minimum Sentencing
• Common Purpose
• Aggravating Circumstances
• Unlawful Possession Of Firearms
• Victim Impact
• Mitigation And Aggravation

Motale v S (CA 08/2019)

Motale v S (CA 08/2019) [2023] ZANWHC 28 (15 March 2023)

Court

North West High Court, Mafikeng

Case number

CA 08/2019

Judges

A H Petersen, R D Hendricks

The court held that the charge sheet referenced section 51(1) of the Criminal Law Amendment Act and clearly indicated the victim's age, satisfying the jurisdictional requirements for a sentence of life imprisonment. The omission to specify Part I of Schedule 2 was not fatal, as the facts and statutory references were sufficient to inform the appellant of the charge and potential sentence. The appellant's personal circumstances, individually and cumulatively, did not constitute substantial and compelling reasons to deviate from the prescribed minimum sentence. The sentencing process, though br…

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• Minimum Sentences
• Rape Of Minor
• Substantial And Compelling Circumstances
• Fair Trial Rights
• Condonation
• Victim Impact

Jojo v S (CA&R37/2021)

Jojo v S (CA&R37/2021) [2021] ZAECGHC 102 (4 November 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 37/2021

Judges

B Hartle, L Rusi

The High Court dismissed a sentence appeal by a taxi driver convicted of kidnapping, rape of a 14-year-old, and robbery with aggravating circumstances.

• Minimum Sentencing
• Rape Of Minor
• Kidnapping
• Robbery With Aggravating Circumstances
• Sentencing Discretion
• Victim Impact