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South Africa decisions
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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.
Monaheng v S (A119/2024) [2025] ZAFSHC 135 (19 May 2025)
The High Court dismissed an appeal against rape conviction and life sentence, finding the complainant credible, the defence version false, and no basis to interfere.
C.W v S (Appeal) (A301/2024) [2025] ZAWCHC 198 (13 May 2025)
Appeal dismissed in a rape case involving a seven-year-old step-granddaughter. The High Court upheld the conviction and life sentence, finding no misdirection.
S v Poni (CA&R24/2025) [2025] ZANCHC 51 (6 May 2025)
The court found that the Regional Magistrate had properly analysed the evidence and was satisfied that the State had proved the accused's guilt beyond reasonable doubt. The doubt raised during sentencing related to a matter that was not in dispute and was adequately explained. Section 304A should only be invoked in deserving cases where there is genuine doubt as to the justice of the proceedings, not to eliminate mere hesitation. The present case did not meet the threshold for special review prior to sentencing, as there was no indication that the proceedings were not in accordance with justi…
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Masekoa v S (A81/2024) [2024] ZAFSHC 365 (12 November 2024)
Appeal against a life sentence for two rape convictions dismissed; the court found no substantial and compelling circumstances to depart from the prescribed sentence.
J.L.C.L v S (A342/2023) [2024] ZAGPPHC 1152 (5 November 2024)
The High Court dismissed a sentence appeal against life imprisonment for rape of a minor, holding that no substantial and compelling circumstances justified departure.
Runqu v S (CA&R31/2021) [2024] ZAECBHC 5 (16 April 2024)
High Court appeal against life imprisonment for rape of a minor dismissed. The court held that age alone was not a substantial and compelling circumstance.
Molale v S (CA&R 56/2022) [2024] ZANCHC 9 (9 February 2024)
The High Court set aside a regional court life sentence for murder, holding it lacked jurisdiction under s 51(2), and imposed 16 years instead.
S v Zikhali (Sentence) (CC15/23) [2023] ZAGPPHC 1842 (10 August 2023)
The court found that none of the factors advanced by the accused, either individually or cumulatively, amounted to substantial and compelling circumstances that would justify deviation from the prescribed minimum sentence. The seriousness and prevalence of child rape, the impact on the victim, and the interests of the community demanded the imposition of the minimum sentence. The accused's guilty plea was considered a neutral factor due to the overwhelming evidence against him. The court concluded that the prescribed sentence of life imprisonment was not disproportionate in the circumstances…
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Khumalo v S (A111/2018) [2023] ZAFSHC 319; 2023 (2) SACR 323 (FB) (8 August 2023)
The court found that the conviction for rape was supported by the complainant's credible evidence, corroborated by the testimony of Mr Mokapane and Mr Leballo, and the expert explanation for the absence of physical injuries. However, the court held that the sentence of life imprisonment was inappropriate due to the lack of evidence that the appellant was properly informed of the applicability of the Minimum Sentences Act and the absence of sufficient information regarding the psychological impact on the complainant. The court identified substantial and compelling circumstances, including the…
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