South Africa Case Law

S v Tyolo (04/2024)

S v Tyolo (04/2024) [2024] ZAECMKHC 30; 2024 (2) SACR 39 (ECMk) (14 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

04/2024

Judge

Govindjee

The court held that belief in witchcraft, on its own, cannot constitute a substantial and compelling circumstance to justify deviation from the prescribed minimum sentence of life imprisonment for murder linked to witchcraft-related offences. The legislature has expressly included such offences as deserving of the most severe punishment. The accused's personal circumstances, including his guilty plea, alcohol consumption, and support for his children, were outweighed by aggravating factors: the premeditated and brutal nature of the murder, the victim's advanced age, the familial relationship,…

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• Murder
• Witchcraft Suppression Act
• Minimum Sentencing
• Aggravating Circumstances
• Belief In Witchcraft
• Older Persons Act

S v Xaba and Others (CC48/2016)

S v Xaba and Others (CC48/2016) [2018] ZAKZPHC 28; 2018 (2) SACR 387 (KZP) (3 July 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

CC48/2016

Judge

Mbatha

The court found that although the murder was committed in furtherance of a common purpose and under circumstances falling within the Criminal Law Amendment Act, substantial and compelling circumstances justified deviation from the prescribed minimum sentence. The personal circumstances of the accused, including their roles as primary caregivers, time spent in custody, and minimal participation in the fatal injuries for some, were considered. The belief in witchcraft was acknowledged but treated as a limited mitigating factor, outweighed by the aggravating circumstances of vigilantism and brut…

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• Murder
• Witchcraft Suppression Act
• Minimum Sentencing
• Vigilantism
• Primary Caregiver
• Sentencing Discretion

S v Latha and Another (CC 20/12)

S v Latha and Another (CC 20/12) [2012] ZAECGHC 29; 2012 (2) SACR 30 (ECG) (9 May 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

CC 20/12

Judge

L D Kemp

Sentencing judgment on murder, common assault and witchcraft suppression offences arising from a fatal assault on the accuseds’ grandmother.

• Murder
• Witchcraft Suppression Act
• Minimum Sentencing Legislation
• Extenuating Circumstances
• Sentencing Principles
• Common Assault

S v James and Another (SS 29/10)

S v James and Another (SS 29/10) [2010] ZAWCHC 596 (2 December 2010)

Court

Western Cape High Court, Cape Town

Case number

SS 29/10

Judge

Weinkove

The court convicted two accused of arson, two murders, and three attempted murders after a petrol-bomb attack on a Khayelitsha home, and acquitted them on other counts.

• Arson
• Murder
• Attempted Murder
• Dolus Indirectus
• Admissibility Of Confessions
• Witchcraft Suppression Act

S v Mashibye (A939/2005)

S v Mashibye (A939/2005) [2005] ZAGPHC 292 (1 August 2005)

Court

High Courts - Gauteng

Case number

A939/2005

Judges

I W B De Villiers, W J Van Der Merwe

On review, the High Court found the accused was intoxicated when he accused others of witchcraft, set aside the conviction, and imposed a reduced suspended sentence.

• Witchcraft Suppression Act
• Criminal Capacity
• Intoxication
• Sentencing Principles
• Criminal-capacity
• Sentencing

S v Mampa and Others (51/88)

S v Mampa and Others (51/88) [1988] ZASCA 100 (20 September 1988)

Court

Supreme Court of Appeal

Case number

51/88

Judges

Rabie, Botha, Milne, Kumleben, Nicholas

The Supreme Court of Appeal found that the trial court misdirected itself by rejecting the evidence of a genuine belief in witchcraft held by the appellants. The evidence showed that the appellants and their community sincerely believed the deceased possessed occult powers and posed a real threat to their lives. This belief was directly associated with the crime and was corroborated by the conduct of the community and the events leading up to the murder. The Court held that such a belief, when genuine and directly related to the offence, constitutes an extenuating circumstance. The Court furt…

Source excerpt

• Murder
• Extenuating Circumstances
• Belief In Witchcraft
• Sentencing
• Death Penalty
• Witchcraft Suppression Act