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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.

6 judgments
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6 judgments
Citation
Judgment date
June 2025
Mzimela v S (CC24/2023) [2025] ZAKZDHC 22 (17 June 2025) (Ex Tempore)
Leave to appeal sentence refused; trial court properly considered personal circumstances and imposed a proportionate sentence.
Criminal law – Sentence – Application for leave to appeal sentence – Applicant convicted of multiple robberies with aggravating circumstances, attempted murder and unlawful firearm possession – Whether trial court misdirected by failing to consider personal circumstances or by over-emphasising societal interests – Leave to appeal refused where no misdirection or disproportionate sentence shown.
 17 June 2025
March 2025
S v Ntinga and Another (CCD55/2023) [2025] ZAKZDHC 8 (25 March 2025)
Court finds common purpose and murder orchestrated by accused using surrogates to murder her husband.
Criminal Law – Murder – Order to kill by spouse – Orchestrated murder of husband's spouse and SAPS officer. Accessory after the fact
 25 March 2025
October 2024
S v Ngcobo (CC49/2024P) [2024] ZAKZDHC 61 (10 October 2024)
Guilty plea and genuine remorse can constitute substantial and compelling reasons to depart from prescribed minimum sentences.
Sentencing – murder and robbery with aggravating circumstances – statutory minimum sentences – substantial and compelling circumstances – guilty plea and remorse as mitigation – prior convictions as aggravation – concurrent sentences – victim impact – s103(1) Firearms Control Act determination not made.
 10 October 2024
May 2024
S v Siyaya (03/2024) [2024] ZAKZDHC 23 (14 May 2024)
The accused convicted of 20 murders, reckless driving and failing to report, the court finding dolus eventualis on video and GPS evidence.
Criminal law – vehicular homicides – dolus eventualis in dangerous driving; evidentiary weight of dashcam and GPS tracking; mechanical failure defence rejected where video/GPS show control; failure to render assistance/hit‑and‑run; distinguishing Humphreys; statutory duties of drivers after accidents (s 61 NRTA).
 14 May 2024
March 2024
S v Dlamini (CCD09/2024) [2024] ZAKZDHC 10 (26 March 2024)
Private defence rejected; credible single-witness evidence and prior conduct established premeditated murder; accused convicted.
Criminal law – murder – private defence (private defence) – requirements and objective test; single-witness evidence – reliability and s 208 CPA; premeditation – evidence of prior steps to locate victim; credibility assessment of accused’s inconsistent testimony.
 26 March 2024
S v Phakathi and Others (CCD52/2021) [2024] ZAKZDHC 8 (15 March 2024) (Reasons)
Court admitted extra‑curial statements, rejected contested abduction claim, and convicted all three under common purpose for robbery and two murders.
Criminal law – pre‑trial challenges to lawfulness of arrest – disputes of fact in motion proceedings – Plascon‑Evans; Criminal procedure – trial‑within‑a‑trial – admissibility of extra‑curial statements (s 217 CPA) and constitutional protections (s 35); Evidence – circumstantial evidence and credibility assessment; Common purpose doctrine – liability for killings during a jointly executed robbery; Alibi – late, uncorroborated and contradicted by confessions.
 15 March 2024