Ndlela and Others v S (SH187/2018; AR252/2019) [2020] ZAKZPHC 27 (16 June 2020)

Ndlela and Others v S (SH187/2018; AR252/2019) [2020] ZAKZPHC 27 (16 June 2020)

The court held that the facts admitted by the appellants in their s 112(2) statements established all elements of public violence: unlawful assembly, common intent, and conduct of serious dimensions that invaded the rights of others and disturbed public peace. The absence of physical violence does not preclude conviction where force or invasion of rights is present. The court found that the trial court's reliance solely on the statements was proper under s 112(2) of the Criminal Procedure Act. Regarding sentence, the court determined that the sentences imposed were disproportionate given the appellants' circumstances, lack of prior convictions, time spent in custody, and the nature of the...

Citation
[2020] ZAKZPHC 27
Parties
Appellant: Nomzalo Ndlela; Appellant: Nonkululeko Goodness Mchunu; Appellant: Khanyisile Mvelase; Appellant: Busisiwe Biyela; Appellant: Sibongile Mahlaba; Appellant: Nonkululeko Vanessa Hlatshwayo; Appellant: Zinhle Mkhize; Appellant: Silindile Mkhize; Appellant: Sibongile Sithole; Appellant: Makhosazane Penelope Mabizela; Appellant: Ntombifuthi Sinethemba Khumalo; Appellant: Lungile Hlongwane; Respondent: The State
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
16 June 2020
Case Number
SH187/2018; AR252/2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against convictions dismissed; appeal against sentences upheld; sentences substituted.
Judges
Gorven, K Pillay
Legal Topics
Public Violence, Sentencing Principles, Constitutional Right to Protest, Correctional Supervision, Guilty Plea, Elements of Offence
Criminal Law Public Violence Sentencing Principles Constitutional Right to Protest Correctional Supervision Guilty Plea Elements of Offence

Case Brief

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Parties

Nomzalo Ndlela

Appellant

Nonkululeko Goodness Mchunu

Appellant

Khanyisile Mvelase

Appellant

Busisiwe Biyela

Appellant

Sibongile Mahlaba

Appellant

Nonkululeko Vanessa Hlatshwayo

Appellant

Zinhle Mkhize

Appellant

Silindile Mkhize

Appellant

Sibongile Sithole

Appellant

Makhosazane Penelope Mabizela

Appellant

Ntombifuthi Sinethemba Khumalo

Appellant

Lungile Hlongwane

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the facts admitted by the appellants in their s 112(2) statements support convictions for public violence.
  2. 2 Whether the absence of actual violence or harm precludes a conviction for public violence.
  3. 3 Whether the sentences imposed were disproportionate to the offence and circumstances of the appellants.

Ratio Decidendi

The court held that the facts admitted by the appellants in their s 112(2) statements established all elements of public violence: unlawful assembly, common intent, and conduct of serious dimensions that invaded the rights of others and disturbed public peace. The absence of physical violence does not preclude conviction where force or invasion of rights is present. The court found that the trial court's reliance solely on the statements was proper under s 112(2) of the Criminal Procedure Act. Regarding sentence, the court determined that the sentences imposed were disproportionate given the appellants' circumstances, lack of prior convictions, time spent in custody, and the nature of the...

Court Disposition

Appeal against convictions dismissed; appeal against sentences upheld; sentences substituted.

Orders

  • The appeal against the convictions of the appellants is dismissed.
  • The appeal against the sentences imposed on each of the appellants is upheld.