S v Bapela (557/90) [1991] ZASCA 172 (28 November 1991)

S v Bapela (557/90) [1991] ZASCA 172 (28 November 1991)

The court found that the appellant's own statements, both to the magistrate and during plea proceedings, placed him at the scene and confirmed his participation in the stoning of the deceased. The evidence showed that the group, including the appellant, acted with a common purpose and possessed at least dolus eventualis, as they must have foreseen the fatal consequences of their actions. The appellant's subsequent denial and false alibi were rejected as implausible and indicative of an attempt to evade responsibility. The court held that speculative possibilities advanced by the appellant were unsupported by the evidence. The conviction for murder was therefore justified.

Citation
[1991] ZASCA 172
Parties
Appellant: Jacob Matlakala Bapela; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 1991
Case Number
557/90
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence confirmed.
Judges
Smalberger, Nicholas, Krieger
Legal Topics
Common Purpose, Murder, Dolus Eventualis, Group Violence
Criminal Law Common Purpose Murder Dolus Eventualis Group Violence

Case Brief

Summary, issues, holding and outcome

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Parties

Jacob Matlakala Bapela

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was correctly convicted of murder under the doctrine of common purpose.
  2. 2 Whether the appellant possessed the requisite intent (dolus) to kill the deceased.
  3. 3 Whether the evidence supported the appellant's presence and participation in the fatal assault.

Ratio Decidendi

The court found that the appellant's own statements, both to the magistrate and during plea proceedings, placed him at the scene and confirmed his participation in the stoning of the deceased. The evidence showed that the group, including the appellant, acted with a common purpose and possessed at least dolus eventualis, as they must have foreseen the fatal consequences of their actions. The appellant's subsequent denial and false alibi were rejected as implausible and indicative of an attempt to evade responsibility. The court held that speculative possibilities advanced by the appellant were unsupported by the evidence. The conviction for murder was therefore justified.

Court Disposition

Appeal dismissed; conviction and sentence confirmed.

Orders

  • The appeal is dismissed.
  • The conviction and sentence imposed by the trial court are confirmed.