SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document
in compliance with the law and SAFLII Policy
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED
27 MAY 2026
________________
______________________
DATE SIGNATURE
CASE NUMBER: SS107/2025
In the matter between:
THE STATE
and
A[…] C[…] Accused
Coram: DOSIO J
_________________________________________________________________
SENTENCE
_________________________________________________________________
DOSIO J:
Introduction
[1] The accused has been found guilty of four counts. Count one is a charge of assault with
intention to do grievous bodily harm. Count two is a charge of arson. Count three is a
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charge of attempted murder. Count four is a charge of murder, read with the provisions
of s51(1) of the Criminal Law Amendment Act 105 of 1997 (‘Act 105 of 1997’).
[2] For purposes of sentence, this court has taken into consideration the personal
circumstances of the accused, the seriousness of the offences for which he has been
found guilty and the interests of the community.
Personal circumstances
[3] The personal circumstances of the accused are as follows:
(a) He is 54 years old and has no previous convictions.
(b) He is single and was at the time of the commission of the offence in a relationship
with the deceased. They had a six -year-old child from this union. The accused has two
other children from a previous marriage aged 22 and 23-years-old respectively.
(c) He dropped out of school at the age of ten years old and has been self -employed
selling wallets, belts and other accessories. He would earn R1500 per day which he
used t o support his own two children, as well as the six -year-old child and the
deceased’s sixteen-year-old son, namely L[…].
(d) At the age of 13 , the accused was involved in an accident where his left eye was
damaged. The medication he received for his eye is not available in prison. He is merely
given painkillers for this condition. He does receive chronic medication for arthritis.
Seriousness of the offence
[4] The accused’s legal representative argued that this matter is a crime of passion in that it
arose out of a domestic squabble. Furthermore, that t he accused did not know the
deceased was in a love relationship with someone else , as they were still living together
at the time.
[5] The deceased died as a result of severe burn injuries all over her body. This was a cold-
blooded and unnecessary killing. After throwing a container with petrol into G[...]’s room,
the accused left the scene and never sought any medical assistance for the deceased or
the accused left the scene and never sought any medical assistance for the deceased or
G[...]. The room was badly burnt and from the testimony of Raymond Tinosse, both the
deceased and G[...] were ablaze from the petrol container that exploded in G[...]’s room.
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[6] It is clear that th is crime of murder is a gender -based crime. Gender -based violence is
widespread in South Africa and has been described as a pandemic. 1 It is noted in the
National Strategic Plan on Gender -Based Violence & Femicide that ‘South Africa holds
the shameful distinction of being one of the most unsafe places in the world to be a
woman. We have amongst the highest rates of intimate partner violence, and recently
released data from Statistics SA show that rape and sexual violence have become
hyperendemic. This is a scourge that affects us all: young and old, black or white, rich
and poor, queer or cis, rural or urban. It pervades every sphere of our society.’2
[7] Due to the critical nature of gender -based violence crimes, judicial officers must
approach such matters with extreme sensitivity in order to eradicate these types of
crimes. Even when such matters are crimes of passion.
[8] After fighting with the deceased at Dorah’s tavern, the accused followed her and G[...] to
G[...]’s room. After being chased away he stated he would be back. Even though there
was this discovery of infidelity, the accused still had time to reflect, as he went to fetch a
container with petrol and threw it into the room sometime later that same morning whilst
the deceased and G[...] were inside sleeping.
[9] It is clear the accused wanted to kill both the deceased and G[...] and as stated in the
judgment, his actions were premeditated in achieving this purpose . He could not accept
the decision of the deceased to end the relationship and he pursued the deceased and
G[...] with much anger. It is clear this anger was fuelled by jealousy and in the light of
high incidents of gender -based violence, this court cannot empathise with the accused’s
actions.
[10] It is further clear that when he met Mlungisi Bambo that morning, he was in possession
of a screwdriver, and he stated to Mlungisi that he would go and finish them off. It is clear
of a screwdriver, and he stated to Mlungisi that he would go and finish them off. It is clear
there were no signs of remorse on the part of the accused.
1 Estelle Ellis “Gender -based violence is South Africa’s second pandemic, says Ramaphosa” found at
https://www.dailymaverick.co.za/article/2020-06-18-gender-based-violence-is-south-africas-second-pandemic-
says-ramaphosa/ (accessed 01/11/2024)
2 Interim Steering Committee “National Strategic Plan On Gender -Based Violence & Femicide” found at
https://www.justice.gov.za/vg/gbv/nsp-gbvf-final-doc-04-05.pdf (accessed 01/11/2024)
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[11] In the matter of Maila v S 3 the Supreme Court of Appeal has cautioned that ‘Courts
should, through consistent sentencing of offenders who commit gender -based violence
against women and children, not retreat when duty calls to impose appropriate
sentences, including prescribed minimum sentences. … courts should not be seen to
resuscitate them by deviating from the prescribed sentences based on personal
preferences of what is substantial and compelling and what is not. This will curb, if not
ultimately eradicate, gender -based violence against women and children and promote
what Thomas Stoddard calls ‘culture shifting change’’4
[12] Murder is the most serious of crimes. Not only does it end the life of a loved family
member, but it leaves much hardship and pain for the remaining family members.
[13] The State called the sister of the deceased to come and testify in aggravation of
sentence.
[14] G[…] S[…] testified that apart from the six-year-old child and L[...], the deceased had two
other daughters aged 29 and 22 -years-old respectively. The 2 9-year-old child has four
kids of her own and the 22-year-old child has one child of her own. L[...] and the six-year-
old child now live at the parental home of the deceased’s mother.
[15] Ms S[…] stated that she, her mother and father are now caring for L[...] and the six-year-
old child. They take care of their schooling and nutritional needs. This witness stated that
she has been badly affected by the death of her sister in that she cannot sleep. Her
mother is also affected in that her sugar levels consistently change as well as her blood
pressure. The 29 -year-old child of the deceased is also not coping , as she collapsed a t
work and lost her job, which is all attributable to the deceased’s death. L[...] is also not
coping in that after his court appearance he is continually crying and isolating himself in
his room. L[...] has stopped gyming and this witness is seriously considering getting
his room. L[...] has stopped gyming and this witness is seriously considering getting
psychological help for him. The six-year-old child of the deceased keeps asking if people
that die, do they not come back. The 22-year-old child of the deceased is also not coping
as a result of her mother’s death.
[16] Even though the accused heard all the hardship that the family of the deceased is
experiencing, he still has shown no remorse for his actions.
3 Maila v S [2023] ZASCA 3
4 Ibid para 59
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[17] The law as it currently stands provides that the minimum sentence for murder under part
1 of Schedule 2 of Act 105 of 1997 is life imprisonment.5
[18] As regards the attempted murder count, this charge is equally serious in that G[...]
sustained burn injuries to 68 percent of his body.
[19] In respect to the arson charge, this is equally serious in that G[...] suffered financial loss
to the amount of R15000-00, in that his possessions were burnt caused by the explosion
and fire that ensued.
Interests of the community
[20] In respect to the interests of the community, this court has taken note of the fact that the
community observes the sentences that courts impose and the community expect that
the criminal law be enforced and that offenders be punished. The community must
receive some recognition in the sentences the courts impose, otherwise , the community
will take the law into their own hands. If a proper sentence is imposed , it may deter
others from committing these crimes. Due to the fact that murder of helpless and
innocent victims has reached high levels, the community craves the assistance of the
courts.
[21] In S v Msimanga and Another, 6 the Appellant Division, as it then was, held that violence
in any form is no longer tolerated and our Courts, by imposing heavier sentences, must
send out a message both to prospective criminals that their conduct is not to be endured,
and to the public that Courts are seriously concerned with the restoration and
maintenance of safe living conditions and that the administration of justice must be
protected.
[22] Section 51(3) of Act 105 of 1997 states that if any court referred to in subsection (1) or
(2) is satisfied that substantial and compelling circumstances exist which justify the
imposition of a lesser sentence tha n the sentence prescribed in these subsections, it
shall enter those circumstances on the record of the proceedings and must thereupon
impose such lesser sentence.
impose such lesser sentence.
5 Section 51(1) of the Criminal Law Amendment Act 105 of 1997
6 S v Msimanga and Another 2005 (1) SACR 377 (A)
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[23] The accused did not testify in mitigation of sentence. As a result, his lack of remorse is a
clear sign of his inability to accept responsibility for his actions and accordingly, also an
inability to rehabilitate.
[24] In the matter of S v Malgas,7 the Supreme Court of Appeal held that:
‘if the sentencing court on consideration of the circumstances of the particular case is satisfied
that they render the prescribed sentence unjust in that it would be disproportionate to the crime,
the criminal and the needs of society, so that an injustice would be done by imposing that
sentence, it is entitled to impose a lesser sentence.’8
[25] Given the scourge of gender -based violence in South Africa, courts must apply the
minimum sentence because ‘society has a legitimate expectation that apprehensible
criminal activities … should not be left undetected and unpunished. It demands and
commands that the courts send out a clear and strong message that such acts of
gruesome criminality will not be tolerated and will be dealt with effectively.’9
[26] South Africa holds one of the highest rates of intimate partner violence yet such crimes
continue unabated.10
[27] Due to a lack of remorse and due to the aggressive nature of the accused, this court
finds no substantial and compelling circumstances to depart from the minimum
prescribed sentence of life imprisonment in respect to count four.
[28] This court hopes the sentence of life imprisonment will send a clear message not only to
the accused but to the society in general , that gender -based violence matters will be
sentenced harshly. Accordingly, on count four, the accused is sentenced to life
imprisonment.
[29] In respect to count one, the accused is sentenced to three months imprisonment. In
respect to count two the accused is sentenced to four years imprisonment. In respect to
count three the accused is sentenced to ten years imprisonment.
7 S v Malgas 2001 (1) SACR 469 SCA
8 Ibid para i
7 S v Malgas 2001 (1) SACR 469 SCA
8 Ibid para i
9 S v Gregory [2023] ZAGPJHC 358 at para 19
10 Interim Steering Committee “National Strategic Plan On Gender -Based Violence & Femicide” found at
https://www.justice.gov.za/vg/gbv/nsp-gbvf-final-doc-04-05.pdf (accessed 01/11/2024)
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[30] Due to the fact that the accused is sentenced to life imprisonment on count four, the
three months imprisonment on count one, the four years imprisonment on count two and
the ten years imprisonment imposed on count t hree will all run concurrently with the
sentence of life imprisonment.
[31] In terms of section 103(1)(g) of the Firearms Control Act 60 of 2000, the accused is
declared unfit to possess a firearm.
______________________
D DOSIO
JUDGE OF THE HIGH COURT
JOHANNESBURG
Heard: 26 May 2026
Delivered: 27 May 2026
APPEARANCES
ON BEHALF OF THE ACCUSED: Mr Ngxumza (for the accused)
Instructed by Legal Aid SA, Johannesburg
ON BEHALF OF THE STATE: Adv. Barnard
Instructed by the Office of the National
Director of Public Prosecutions, Johannesburg