Steven Ofentse Dipholo v The State

The appellant was convicted in the regional court, Lichtenburg, of rape (read with s 51(2) and Part II of Schedule 2 of the Criminal Law Amendment Act 105 of 1997), robbery with aggravating circumstances, and sexual assault. He was sentenced to 15 years’ imprisonment for rape, 15 years for robbery with aggravating circumstances, and 10 years for sexual assault. The regional magistrate ordered the sentences to run consecutively, resulting in an effective sentence of 40 years’ imprisonment. The appellant sought leave to appeal against sentence only. Leave to appeal was refused by the regional magistrate and subsequently by the North West Division of the High Court on petition. The appellant then applied for special leave to appeal to the Supreme Court of Appeal, which was granted.

The appeal was upheld. The order of the High Court refusing leave to appeal was set aside and replaced with an order granting the appellant leave to appeal against sentence to the North West Division of the High Court, Mahikeng.

The case reaffirms the limits of the Supreme Court of Appeal’s jurisdiction, confirming that it cannot hear appeals on the merits directly from magistrates’ courts. It also underscores the duty of sentencing courts to consider the cumulative effect of multiple sentences and clarifies the approach to appeals where leave to appeal has been refused by a High Court.