Reginah Gwendoline Kgafela v The State

The appellant was convicted of the planned and premeditated murder of her husband. Over a period of several months in 1999, she approached at least two individuals to arrange his killing and ultimately hired an assassin for a fee of R10 000. The instruction to kill was given approximately seven weeks before the shooting on 5 December 1999, outside the deceased’s home. The appellant had ample opportunity to withdraw the instruction but did not do so. The marriage was characterised by emotional alienation, alleged abuse, excessive drinking by the deceased, and disputes relating to infertility. Despite these circumstances, the appellant was educated, financially independent, and not acting in response to any immediate threat. She was a first offender aged 37 at the time of sentence.

The appeal was dismissed and the sentence of life imprisonment was confirmed.

This decision reinforces the strict application of the minimum sentencing regime under the Criminal Law Amendment Act 105 of 1997 and confirms the interpretation of 'substantial and compelling circumstances' as laid down in S v Malgas. It also affirms the principle of judicial hierarchy, emphasising that lower courts are bound by decisions of higher courts and may not grant leave to appeal merely to invite reconsideration of settled precedent.