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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

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March 2021
S v Pillay (CCD39/2019) [2021] ZAKZDHC 1 (26 March 2021)
No substantial and compelling circumstances warranted deviation from life sentences for multiple rapes; lengthy custodial terms and placement on Child Protection Register ordered.
• Criminal law – sentencing – application of minimum prescribed sentences in Criminal Law Amendment Act – life imprisonment for multiple rapes of a child where no substantial and compelling circumstances exist. • Sexual offences – child pornography, grooming, trafficking, compelled sexual acts – appropriate fixed-term sentences and assessment of aggravating factors (financial gain, duration, grooming, vulnerability). • Sentencing: totality, concurrency and taking counts together where offences are inextricably linked. • Children’s Act – declaration of unsuitability to work with children and placement on National Child Protection Register.
 26 March 2021