Magmoed v Janse Van Rensburg and Others (611/90) [1992] ZASCA 208; 1993 (1) SA 777 (AD); [1993] 4 All SA 175 (AD) ; [1993] 1 All SA 396 (A) (25 November 1992)

Magmoed v Janse Van Rensburg and Others (611/90) [1992] ZASCA 208; 1993 (1) SA 777 (AD); [1993] 4 All SA 175 (AD) ; [1993] 1 All SA 396 (A) (25 November 1992)

The court held that the questions relating to the existence of an unlawful common purpose and whether any reasonable court could have acquitted the accused were matters of fact, not law, and thus could not be reserved under section 319 of the Criminal Procedure Act. The trial court's finding that no common purpose was established beyond reasonable doubt was a factual inference, not a legal error. The court further held that the privilege against self-incrimination was properly applied in excluding evidence given by respondents at the inquest, as the magistrate's approach discouraged objections and rendered the evidence inadmissible. However, the evidence given by the fourth respondent at...

Citation
[1992] ZASCA 208
Parties
Appellant: Martin Stanley Magmoed; Respondent: Pieter Janse Van Rensburg; Respondent: Christian Loedolff; Respondent: Salmon Pienaar; Respondent: Douw Gerbrand Prints Vermeulen; Respondent: Andre Swart; Respondent: James Sayer; Respondent: Frank Van Niekerk; Respondent: Jacobus Johannes Burger; Respondent: Albertus Myburgh Smit; Respondent: Andre Johan Smit; Respondent: Wilhelm Karl Friederich Puchert; Respondent: Alexander Jacobus Rossel; Respondent: Pieter Marius Du Toit
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 November 1992
Case Number
611/90
Procedural Posture
Criminal Law Appeal / Application for Reservation of Questions of Law Under Section 319 of the Criminal Procedure Act After Acquittal in Private Prosecution
Outcome
Applications to reserve questions 4 and 6 dismissed; applications to reserve questions 1 and 2 allowed; answers to questions 1 and 2 favour respondents; no order for retrial; no order as to costs.
Judges
Corbett, Botha, F H Grosskopf, Nicholas, Krieger
Legal Topics
Common Purpose, Self Incrimination, Admissibility of Evidence, Privilege Against Self Incrimination, Reservation of Questions of Law, Private Prosecution
Criminal Law Civil Procedure Common Purpose Self Incrimination Admissibility of Evidence Privilege Against Self Incrimination Reservation of Questions of Law Private Prosecution

Case Brief

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Parties

Martin Stanley Magmoed

Appellant

Pieter Janse Van Rensburg

Respondent

Christian Loedolff

Respondent

Salmon Pienaar

Respondent

Douw Gerbrand Prints Vermeulen

Respondent

Andre Swart

Respondent

James Sayer

Respondent

Frank Van Niekerk

Respondent

Jacobus Johannes Burger

Respondent

Albertus Myburgh Smit

Respondent

Andre Johan Smit

Respondent

Wilhelm Karl Friederich Puchert

Respondent

Alexander Jacobus Rossel

Respondent

Pieter Marius Du Toit

Respondent

Procedural Posture

Criminal Law Appeal / Application for Reservation of Questions of Law Under Section 319 of the Criminal Procedure Act After Acquittal in Private Prosecution

Legal Issues

  1. 1 Whether the trial court erred in law by concluding that no unlawful common purpose was established beyond reasonable doubt.
  2. 2 Whether the trial court was correct in ruling certain inquest and prior trial evidence inadmissible due to privilege against self-incrimination.
  3. 3 Whether it is competent for the prosecution to reserve as a question of law whether any reasonable court could have acquitted the accused on the evidence.

Ratio Decidendi

The court held that the questions relating to the existence of an unlawful common purpose and whether any reasonable court could have acquitted the accused were matters of fact, not law, and thus could not be reserved under section 319 of the Criminal Procedure Act. The trial court's finding that no common purpose was established beyond reasonable doubt was a factual inference, not a legal error. The court further held that the privilege against self-incrimination was properly applied in excluding evidence given by respondents at the inquest, as the magistrate's approach discouraged objections and rendered the evidence inadmissible. However, the evidence given by the fourth respondent at...

Court Disposition

Applications to reserve questions 4 and 6 dismissed; applications to reserve questions 1 and 2 allowed; answers to questions 1 and 2 favour respondents; no order for retrial; no order as to costs.

Orders

  • The applications to have reserved in terms of section 319 of the Criminal Procedure Act 51 of 1977 questions 4 and 6 are dismissed.
  • The applications to have reserved in terms of section 319 questions 1 and 2 are allowed.