Ramatlotlo and Others v S (A94/2018) [2019] ZAFSHC 11 (10 January 2019)

Ramatlotlo and Others v S (A94/2018) [2019] ZAFSHC 11 (10 January 2019)

The court found that the charge sheet did not allege that the State intended to rely on the doctrine of common purpose. The issue of common purpose only arose at the end of the trial and was not anticipated by the appellants' legal representative. The failure to inform the appellants of the State's reliance on common purpose was prejudicial and rendered the trial unfair. The convictions and sentences were set aside on this basis, as the appellants' constitutional right to a fair trial was infringed. The court held that while common purpose is not an element of murder, an accused must be apprised with sufficient particulars to prepare a defence. The procedural irregularity was material and...

Citation
[2019] ZAFSHC 11
Parties
Appellant: Kamohelo Ramatlotlo; Appellant: Mohlouwa John Leteane; Appellant: Molahlehi Patrick Phororo; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 January 2019
Case Number
A94/2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From the Regional Court, Welkom
Outcome
Appeal upheld; convictions and sentences set aside.
Judges
Van Zyl, Molitsoane
Legal Topics
Common Purpose, Fair Trial Rights, Charge Sheet Particulars, Admissibility of Evidence, Hostile Witness, Previous Inconsistent Statements
Criminal Law Civil Procedure Common Purpose Fair Trial Rights Charge Sheet Particulars Admissibility of Evidence Hostile Witness Previous Inconsistent Statements

Case Brief

Summary, issues, holding and outcome

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Parties

Kamohelo Ramatlotlo

Appellant

Mohlouwa John Leteane

Appellant

Molahlehi Patrick Phororo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From the Regional Court, Welkom

Legal Issues

  1. 1 Whether the trial court erred in admitting and excluding certain witness statements.
  2. 2 Whether the trial court correctly found that the appellants acted in common purpose.
  3. 3 Whether the appellants' constitutional right to a fair trial was infringed by the failure to allege common purpose in the charge sheet.

Ratio Decidendi

The court found that the charge sheet did not allege that the State intended to rely on the doctrine of common purpose. The issue of common purpose only arose at the end of the trial and was not anticipated by the appellants' legal representative. The failure to inform the appellants of the State's reliance on common purpose was prejudicial and rendered the trial unfair. The convictions and sentences were set aside on this basis, as the appellants' constitutional right to a fair trial was infringed. The court held that while common purpose is not an element of murder, an accused must be apprised with sufficient particulars to prepare a defence. The procedural irregularity was material and...

Court Disposition

Appeal upheld; convictions and sentences set aside.

Orders

  • The appeals by the three appellants are upheld.
  • The convictions and the sentences of the three appellants are hereby set aside.