S v Dondashe and Others (363/87) [1988] ZASCA 162 (30 November 1988)

S v Dondashe and Others (363/87) [1988] ZASCA 162 (30 November 1988)

The Supreme Court of Appeal held that the first appellant's statement amounted to a confession of murder and that the evidence of Oelofse established the necessary nexus between the confession and the death of the deceased. The requirements of section 209 of the Criminal Procedure Act were satisfied, as there was sufficient confirmation in a material respect. The third appellant's statement did not establish beyond reasonable doubt that he participated in the killing; it amounted only to assault with intent to do grievous bodily harm. The second appellant's statement did not show willing participation in the killing, and the reasonable possibility that he was coerced could not be...

Citation
[1988] ZASCA 162
Parties
Appellant: Ntsikelelo Dondashe; Appellant: Mlungisi Blaauw; Appellant: Oupa Mfobo; Appellant: Nkundla Klaas; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 1988
Case Number
363/87
Procedural Posture
Criminal Appeal / Appeal Against Conviction And/or Sentence
Outcome
Appeal dismissed for first appellant; appeal allowed for second and third appellants; sentence reduced for fourth appellant.
Judges
RABIE, SMALBERGER, MILNE
Legal Topics
Confession Evidence, Admissibility of Statements, Murder With Extenuating Circumstances, Assault With Intent to Do Grievous Bodily Harm, Reopening of State Case, Sentencing Principles
Criminal Law Confession Evidence Admissibility of Statements Murder With Extenuating Circumstances Assault With Intent to Do Grievous Bodily Harm Reopening of State Case Sentencing Principles

Case Brief

Summary, issues, holding and outcome

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Parties

Ntsikelelo Dondashe

Appellant

Mlungisi Blaauw

Appellant

Oupa Mfobo

Appellant

Nkundla Klaas

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction And/or Sentence

Legal Issues

  1. 1 Whether the statements made by the first, second and third appellants constituted confessions to murder and were admissible.
  2. 2 Whether there was sufficient nexus between the statements and the death of the deceased.
  3. 3 Whether the trial court erred in allowing the State to reopen its case after argument.

Ratio Decidendi

The Supreme Court of Appeal held that the first appellant's statement amounted to a confession of murder and that the evidence of Oelofse established the necessary nexus between the confession and the death of the deceased. The requirements of section 209 of the Criminal Procedure Act were satisfied, as there was sufficient confirmation in a material respect. The third appellant's statement did not establish beyond reasonable doubt that he participated in the killing; it amounted only to assault with intent to do grievous bodily harm. The second appellant's statement did not show willing participation in the killing, and the reasonable possibility that he was coerced could not be...

Court Disposition

Appeal dismissed for first appellant; appeal allowed for second and third appellants; sentence reduced for fourth appellant.

Orders

  • The first appellant's appeal against conviction and sentence is dismissed.
  • The second appellant's appeal is allowed; conviction and sentence are set aside.