S v Cele and Another (68/90) [1991] ZASCA 2 (26 February 1991)

S v Cele and Another (68/90) [1991] ZASCA 2 (26 February 1991)

The Supreme Court of Appeal found that the convictions were correct, as the evidence against the appellants was overwhelming and no material misdirection occurred in the trial court. Regarding sentence, the Court held that the amended law required it to determine whether the death penalty was the only proper sentence. Although the murders were serious and aggravated by the circumstances, the appellants did not display a primary intent to kill, and their past criminal records did not indicate a propensity for violence. The Court concluded that society would be adequately protected by substantial imprisonment and that the death penalty was not imperatively called for. Accordingly, the death...

Citation
[1991] ZASCA 2
Parties
Appellant: Bheki Walter Cele; Appellant: Bonokwakhe Moses Ngcobo; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 February 1991
Case Number
68/90
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; appeals against death sentences allowed; death sentences set aside and replaced with imprisonment.
Judges
Smalberger, Goldstone, Krieger
Legal Topics
Murder, Robbery, Attempted Murder, Rape, Sentencing Discretion, Death Penalty
Criminal Law Murder Robbery Attempted Murder Rape Sentencing Discretion Death Penalty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bheki Walter Cele

Appellant

Bonokwakhe Moses Ngcobo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions of the appellants for murder, robbery, attempted murder, and rape were correct.
  2. 2 Whether the death sentences imposed on the murder counts were the only proper sentences under the amended law.

Ratio Decidendi

The Supreme Court of Appeal found that the convictions were correct, as the evidence against the appellants was overwhelming and no material misdirection occurred in the trial court. Regarding sentence, the Court held that the amended law required it to determine whether the death penalty was the only proper sentence. Although the murders were serious and aggravated by the circumstances, the appellants did not display a primary intent to kill, and their past criminal records did not indicate a propensity for violence. The Court concluded that society would be adequately protected by substantial imprisonment and that the death penalty was not imperatively called for. Accordingly, the death...

Court Disposition

Appeals against conviction dismissed; appeals against death sentences allowed; death sentences set aside and replaced with imprisonment.

Orders

  • The appeals of both appellants against their convictions are dismissed.
  • The appeals against their sentences are allowed.