The State v Mudau and Others

The three respondents were convicted in the Sibasa Regional Court, Limpopo, of rape, indecent assault and two counts of robbery with aggravating circumstances. The regional magistrate sentenced them to life imprisonment for rape, twelve months’ imprisonment for indecent assault, and two terms of 15 years’ imprisonment for robbery. On appeal to the Limpopo High Court against both convictions and sentences, the High Court held that the regional court lacked jurisdiction to impose life imprisonment and set aside the sentences, referring the matter back to the regional court to act in terms of s 52 of the Criminal Law Amendment Act 105 of 1997. The State appealed to the Supreme Court of Appeal (SCA) against that order.

The appeal was upheld. The order of the High Court setting aside the sentences was overturned, and the matter was referred back to the Limpopo High Court to consider the respondents’ appeal against their convictions and sentences.

The case clarifies the effect of s 53A of the Criminal Law Amendment Act on the sentencing jurisdiction of regional courts, confirming their power to impose life imprisonment after 31 December 2007. It also reaffirms the appellate hierarchy in South African criminal procedure, emphasizing that the Supreme Court of Appeal cannot hear appeals directly from regional courts.