S v Gwala and Others (252/91) [1991] ZASCA 146 (14 November 1991)

S v Gwala and Others (252/91) [1991] ZASCA 146 (14 November 1991)

The Supreme Court of Appeal held that the convictions of second, third, fourth, fifth, and sixth appellants on counts of attempted murder and robbery with aggravating circumstances were justified, as the evidence and admissions established their active participation in a preplanned conspiracy. However, the conviction of first appellant was not supported by the evidence, as his admissions conflicted with the complainant's testimony and did not prove his involvement beyond reasonable doubt. Regarding the murder of the deceased, the court found that the trial court's inference of a common purpose to kill her was not the only reasonable inference available. There was insufficient evidence to...

Citation
[1991] ZASCA 146
Parties
Appellant: Michael Gwala; Appellant: Obed Mkhwanazi; Appellant: Mphlypheli Ngcobo; Appellant: Edward Mothalentoa Dihalo; Appellant: Bonginkosi Zitha; Appellant: Joseph Mhlangwane; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
14 November 1991
Case Number
252/91
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal by first appellant against convictions and sentences on all counts upheld; convictions and sentences set aside. Appeals by second to sixth appellants against conviction and sentence for murder upheld; convictions and sentences set aside. Appeals by second to sixth appellants against convictions and sentences...
Judges
Hefer, Vivier, Goldstone
Legal Topics
Common Purpose, Murder, Attempted Murder, Robbery With Aggravating Circumstances, Admissions, Evidentiary Inference
Criminal Law Common Purpose Murder Attempted Murder Robbery With Aggravating Circumstances Admissions Evidentiary Inference

Case Brief

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Parties

Michael Gwala

Appellant

Obed Mkhwanazi

Appellant

Mphlypheli Ngcobo

Appellant

Edward Mothalentoa Dihalo

Appellant

Bonginkosi Zitha

Appellant

Joseph Mhlangwane

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions of all appellants on murder, attempted murder, and robbery with aggravating circumstances were justified.
  2. 2 Whether the evidence established a common purpose to murder both the complainant and the deceased.
  3. 3 Whether first appellant's admissions were sufficient to prove his involvement beyond reasonable doubt.

Ratio Decidendi

The Supreme Court of Appeal held that the convictions of second, third, fourth, fifth, and sixth appellants on counts of attempted murder and robbery with aggravating circumstances were justified, as the evidence and admissions established their active participation in a preplanned conspiracy. However, the conviction of first appellant was not supported by the evidence, as his admissions conflicted with the complainant's testimony and did not prove his involvement beyond reasonable doubt. Regarding the murder of the deceased, the court found that the trial court's inference of a common purpose to kill her was not the only reasonable inference available. There was insufficient evidence to...

Court Disposition

Appeal by first appellant against convictions and sentences on all counts upheld; convictions and sentences set aside. Appeals by second to sixth appellants against conviction and sentence for murder upheld; convictions and sentences set aside. Appeals by second to sixth appellants against convictions and sentences...

Orders

  • The appeal by appellant no 1 against his conviction on counts 1, 2 and 3 is upheld. His convictions and sentences on these counts are set aside.
  • The appeals by appellants nos 2, 3, 4, 5 and 6 against their conviction on count 1 are upheld. Their convictions and sentences on this count are set aside.