Mahlangu and Others v S (A940/12) [2018] ZAGPPHC 157 (4 April 2018)

Mahlangu and Others v S (A940/12) [2018] ZAGPPHC 157 (4 April 2018)

The court found that its previous order was vague and ambiguous, as it did not specify which convictions and sentences were set aside. The parties requested clarification, and the court held that it was empowered to amend its order to cure any ambiguity. The amended order explicitly sets aside the convictions for murder and robbery and the sentences of life imprisonment and fifteen years' imprisonment imposed on the three appellants. The appeal is upheld, and all convictions and sentences are set aside.

Citation
[2018] ZAGPPHC 157
Parties
Appellant: Zabenzeni Mali Mahlangu; Appellant: Gibi Driver Mahlangu; Appellant: Thomas Jabulani Mahlangu; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 April 2018
Case Number
A940/12
Procedural Posture
Criminal Appeal / Amended Order After Appeal Judgment
Outcome
Appeal upheld; convictions and sentences set aside.
Judges
N M Mavundla, L M Molopa-Sethosa, Ranchod
Legal Topics
Murder, Robbery, Appeal Upheld, Setting Aside Conviction, Setting Aside Sentence
Criminal Law Murder Robbery Appeal Upheld Setting Aside Conviction Setting Aside Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Zabenzeni Mali Mahlangu

Appellant

Gibi Driver Mahlangu

Appellant

Thomas Jabulani Mahlangu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Amended Order After Appeal Judgment

Legal Issues

  1. 1 Whether the previous order setting aside convictions and sentences was sufficiently clear and specific.
  2. 2 Whether the court may amend its order to cure ambiguity or vagueness.

Ratio Decidendi

The court found that its previous order was vague and ambiguous, as it did not specify which convictions and sentences were set aside. The parties requested clarification, and the court held that it was empowered to amend its order to cure any ambiguity. The amended order explicitly sets aside the convictions for murder and robbery and the sentences of life imprisonment and fifteen years' imprisonment imposed on the three appellants. The appeal is upheld, and all convictions and sentences are set aside.

Court Disposition

Appeal upheld; convictions and sentences set aside.

Orders

  • The appeal of the three appellants against convictions on count 1 of murder, count 2 of robbery, sentence of life imprisonment, and sentence of fifteen years' imprisonment are upheld.
  • The convictions and the sentences imposed are all set aside.