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High Court of South Africa North-West, Mafikeng

The Judges currently serving on duty at the North West High Court are:

Hon. Judge President RD Hendricks
Hon. Deputy Judge President Djaje
Hon. Judge Petersen
Hon. Judge Reid
Hon. Judge Mfenyana
Hon. Judge Reddy

1 judgment

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1 judgment

Citation	Judgment date
December 2022
Masibi and Another v S (CA 59/2019) [2022] ZANWHC 11 (6 December 2022) Condonation refused and life sentences for repeated multi‑perpetrator rape upheld as not disproportionate. Criminal law – condonation for late appeal – adequacy of explanation and prospects of success; Minimum sentences – s51(1) and Schedule 2 – rape committed more than once by more than one person – application of Malgas and Matyityi; Substantial and compelling circumstances – relative youth and personal mitigation not sufficient to depart from prescribed life sentence; Evidence – guilty plea, J88 and DNA admissions; Appeal – standard of review for sentence (material misdirection or shockingly inappropriate).	6 December 2022

Citation

Judgment date

December 2022

Masibi and Another v S (CA 59/2019) [2022] ZANWHC 11 (6 December 2022)

Condonation refused and life sentences for repeated multi‑perpetrator rape upheld as not disproportionate.

Criminal law – condonation for late appeal – adequacy of explanation and prospects of success; Minimum sentences – s51(1) and Schedule 2 – rape committed more than once by more than one person – application of Malgas and Matyityi; Substantial and compelling circumstances – relative youth and personal mitigation not sufficient to depart from prescribed life sentence; Evidence – guilty plea, J88 and DNA admissions; Appeal – standard of review for sentence (material misdirection or shockingly inappropriate).

6 December 2022