Mahlangu and Others v S (A940/12) [2018] ZAGPPHC 157 (4 April 2018)
- Citation
- [2018] ZAGPPHC 157
- Status
- Order
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- N M Mavundla, L M Molopa-Sethosa, Ranchod
- Case number
- A940/12
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- N M Mavundla, L M Molopa-Sethosa, Ranchod
- Case number
- A940/12
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Zabenzeni Mali Mahlangu
Appellant Counsel: Att O. P. MakobeGibi Driver Mahlangu
Appellant Counsel: Att O. P. MakobeThomas Jabulani Mahlangu
Appellant Counsel: Att O. P. MakobeThe State
Respondent Counsel: Adv S. Scheepers03
Procedural history
Posture
Criminal Appeal / Amended Order After Appeal Judgment
04
Questions and positions
Legal issues
- 01
Whether the previous order setting aside convictions and sentences was sufficiently clear and specific.
- 02
Whether the court may amend its order to cure ambiguity or vagueness.
Party arguments
- Applicant
- The appellants requested clarification of the previous order, arguing that the wording was vague and ambiguous and did not specify which convictions and sentences were set aside. They submitted that the order should be amended to clearly state the counts and sentences affected.
- Respondent
- The respondent did not oppose the request for clarification and agreed that the order should be made more specific to avoid any uncertainty regarding the convictions and sentences set aside.
05
Court’s reasoning
Legal principles
- 01
S v Wells 1990 (1) SA 816 (A)
A court may amend or clarify its judgment to cure any ambiguity or vagueness, even if it appears functus officio.
- 02
Standard Bank of SA Ltd v Troberg 1995 (2) SA 474 (W)
Orders must be clear and specific to avoid uncertainty in execution and enforcement.
- 03
Criminal Procedure Act 51 of 1977
Convictions and sentences may be set aside on appeal if the appeal is upheld.
06
Ratio, limits and disposition
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.
Obiter and limits
- The court noted that clarity in orders is essential to prevent confusion and ensure proper administration of justice.
- The amendment does not constitute a reconsideration of the merits but merely clarifies the operative effect of the previous judgment.
Court disposition
Appeal upheld; convictions and sentences set aside.
- 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.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Order
CASE NUMBER: A940/12
NGHC CASE No CC317/2004
4 APRIL 2018
In the matter between:
ZABENZENI
MALI
MAHLANGU FIRST
APPELLANT
GIBI
DRIVER
MAHLANGU SECOND
APPELLANT
THOMAS
JABULANI
MAHLANGU THIRD
APPELLANT
VS
THE
STATE RESPONDENT
AMENDED
ORDER
M A VUNDLA J,
[1] This court on the 29 / 03 / 2018 issued the following order in this matter:
"[20] In the premises, the appeal against both conviction and sentence in respect of all counts are set aside."
[2] It would seem that the order as it stands is vague and or ambiguous and the parties have requested that the order be more specific.
[3] In as much as it may seem that the court is functus officio, the court may amend and or clarify its judgment to cure any ambiguity or vagueness.
[4] In the circumstances the order of the 29 / 03 / 2018 is hereby amended in toto to read as follows :
[20] In the premises, the following order is issued:
1. The appeal of the three appellants against:
1.1 convictions on count 1 of murder;
1.2 count 2 of robbery;
1.3 sentence of life imprisonment;
1.4 sentence of 15 (fifteen years') imprisonment Are upheld;
2. The convictions and the sentences imposed are all set aside.
_______
N. M. MAVUNDLA
JUDGE
OF THE HIGH COURT
I agree and it is so ordered.
______
L. M. MOLOPA-SETHOSA
I agree and it is so ordered
RANCHOD
J
DATE
OF HEARING
: 13 / 10 / 2018
DATE
OF JUDGMENT : 29 I 03 I 2018
DATE OF AMENDED ORDER : 04 / 04 / 2018
APPELLANTS
ADV
ATT O. P.
MAKOBE
INSTRUCTED
BY
ATT MAKOBE
RESPONDENT'S
ADV ADV S. SCHEEPERS
INSTRUCTED
BY
DIRECTOR OF PUBLIC PROSECUT ION
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