Madiba v S (497/2013) [2014] ZASCA 13; 2015 (1) SACR 485 (SCA) (20 March 2014)

Madiba v S (497/2013) [2014] ZASCA 13; 2015 (1) SACR 485 (SCA) (20 March 2014)

The court found that the appellant's conduct towards L[…]—including his utterance of intent and physical attempts to subdue her—constituted attempted rape under South African law. The evidence regarding the rape of R[…]—including witness testimony of bleeding, photographic evidence, and the post mortem report indicating sexual homicide—supported the conviction for rape. The trial court materially misdirected itself in calculating the cumulative sentence, particularly by stating the effective sentence was 70 years despite the inclusion of life imprisonment. The appellate court was therefore at large to reconsider the sentences. The sentences for attempted rape and kidnapping were reduced...

Citation
[2014] ZASCA 13
Parties
Appellant: Maposa Frans Madiba; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 March 2014
Case Number
497/2013
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal against convictions dismissed; appeal against sentences partially upheld.
Judges
Ponnan, Swain, Mathopo
Legal Topics
Attempted Rape, Rape, Kidnapping, Murder, Sentencing Misdirection, Minimum Sentences
Criminal Law Attempted Rape Rape Kidnapping Murder Sentencing Misdirection Minimum Sentences

Case Brief

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Parties

Maposa Frans Madiba

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's conduct constituted attempted rape of L[...].
  2. 2 Whether the conviction for rape of R[...] was supported by sufficient evidence.
  3. 3 Whether the trial court materially misdirected itself in passing sentence.

Ratio Decidendi

The court found that the appellant's conduct towards L[…]—including his utterance of intent and physical attempts to subdue her—constituted attempted rape under South African law. The evidence regarding the rape of R[…]—including witness testimony of bleeding, photographic evidence, and the post mortem report indicating sexual homicide—supported the conviction for rape. The trial court materially misdirected itself in calculating the cumulative sentence, particularly by stating the effective sentence was 70 years despite the inclusion of life imprisonment. The appellate court was therefore at large to reconsider the sentences. The sentences for attempted rape and kidnapping were reduced...

Court Disposition

Appeal against convictions dismissed; appeal against sentences partially upheld.

Orders

  • The appeals against the convictions of attempted rape and rape are dismissed.
  • The appeal against the sentences imposed on all counts is upheld; the sentences imposed are set aside and the appellant is sentenced to: Count 1 – attempted rape: 5 years’ imprisonment; Count 2 – kidnapping: 6 years’ imprisonment; Count 3 – rape: life imprisonment; Count 4 – murder: 35 years’ imprisonment.