Matlou and Another v S (479/09) [2010] ZASCA 52; 2010 (2) SACR 342 (SCA) ; 2011 (1) BCLR 54 (SCA) ; [2010] 4 All SA 244 (SCA) (31 March 2010)

Matlou and Another v S (479/09) [2010] ZASCA 52; 2010 (2) SACR 342 (SCA) ; 2011 (1) BCLR 54 (SCA) ; [2010] 4 All SA 244 (SCA) (31 March 2010)

The Supreme Court of Appeal held that the evidence of pointings-out and incriminating statements made by the first appellant was inadmissible, as it was obtained through police assault and in violation of constitutional rights under section 35(1) and (5) of the Constitution. The trial court erred in admitting this evidence, and without it, there was insufficient proof of murder, robbery with aggravating circumstances, or unlawful possession of a firearm. However, the remaining uncontested evidence established that both appellants possessed and disposed of the deceased's property soon after his death, justifying convictions for theft. The sentences for murder, robbery with aggravating...

Citation
[2010] ZASCA 52
Parties
Appellant: Shiko Phineas Matlou; Appellant: William Sekwati Serumula; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 March 2010
Case Number
479/09
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in the North Gauteng High Court
Outcome
Appeal upheld in respect of murder, robbery with aggravating circumstances, and unlawful possession of a firearm. Convictions and sentences on these counts set aside. Conviction for theft substituted and sentence of six years' imprisonment imposed, antedated to 25 April 2003.
Judges
Cloete, Bosielo, Leach
Legal Topics
Admissibility of Evidence, Pointings Out, Constitutional Rights, Exclusion of Unconstitutionally Obtained Evidence, Theft, Unlawful Possession of Firearm
Criminal Law Admissibility of Evidence Pointings Out Constitutional Rights Exclusion of Unconstitutionally Obtained Evidence Theft Unlawful Possession of Firearm

Case Brief

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Parties

Shiko Phineas Matlou

Appellant

William Sekwati Serumula

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in the North Gauteng High Court

Legal Issues

  1. 1 Whether the evidence of pointings-out and incriminating statements made by the first appellant were admissible.
  2. 2 Whether the convictions for murder, robbery with aggravating circumstances, and unlawful possession of a firearm could stand in light of the exclusion of certain evidence.
  3. 3 Whether the remaining evidence justified convictions for theft.

Ratio Decidendi

The Supreme Court of Appeal held that the evidence of pointings-out and incriminating statements made by the first appellant was inadmissible, as it was obtained through police assault and in violation of constitutional rights under section 35(1) and (5) of the Constitution. The trial court erred in admitting this evidence, and without it, there was insufficient proof of murder, robbery with aggravating circumstances, or unlawful possession of a firearm. However, the remaining uncontested evidence established that both appellants possessed and disposed of the deceased's property soon after his death, justifying convictions for theft. The sentences for murder, robbery with aggravating...

Court Disposition

Appeal upheld in respect of murder, robbery with aggravating circumstances, and unlawful possession of a firearm. Convictions and sentences on these counts set aside. Conviction for theft substituted and sentence of six years' imprisonment imposed, antedated to 25 April 2003.

Orders

  • The appeal by both appellants in respect of the count of murder is upheld. The conviction and the sentence imposed on this count are set aside.
  • The appeal by both appellants in respect of the count of robbery with aggravating circumstances is upheld to the extent that a conviction of theft of a Mazda bakkie (registration BCB 759 N), a welding machine and an angle grinder is substituted.