S v Khanyile and Others (48/90) [1991] ZASCA 12 (15 March 1991)

S v Khanyile and Others (48/90) [1991] ZASCA 12 (15 March 1991)

The Supreme Court of Appeal found that the convictions of accused 1 and 3 on the charges of murder, kidnapping, and attempted murder were justified based on credible evidence, particularly the testimony of the survivor and corroborating witnesses. However, the death sentences imposed on accused 1 and 3 were set aside due to the legislative change making the death penalty discretionary and the presence of mitigating factors, including the influence of Shabalala and the charged atmosphere. The sentences were substituted with 25 years' imprisonment for murder, with concurrent sentences for kidnapping and attempted murder. The convictions of accused 4, 10, and 11 on certain kidnapping counts...

Citation
[1991] ZASCA 12
Parties
Appellant: Emmanuel Khanyile; Appellant: Bhekani Wilfred Phewa; Appellant: Lucky Mtshali; Appellant: Sipho Dube; Appellant: Thani Ndlovu; Appellant: Sipho Lawrence Mavuso; Appellant: Denis Victor Mchunu; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
15 March 1991
Case Number
48/90
Procedural Posture
Criminal Appeal / Appeal Against Convictions and Sentences From the Durban and Coast Local Division
Outcome
Appeals against convictions by accused 1 and 3 dismissed; appeals against death sentences upheld and substituted with imprisonment. Appeals by accused 4, 10, and 11 on specific counts upheld and sentences reduced. Appeal by accused 5 against sentence upheld and sentence reduced.
Judges
Hoexter, Milne, Nienaber
Legal Topics
Murder, Kidnapping, Attempted Murder, Accessory After the Fact, Death Penalty, Sentencing Discretion
Criminal Law Murder Kidnapping Attempted Murder Accessory After the Fact Death Penalty Sentencing Discretion

Case Brief

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Parties

Emmanuel Khanyile

Appellant

Bhekani Wilfred Phewa

Appellant

Lucky Mtshali

Appellant

Sipho Dube

Appellant

Thani Ndlovu

Appellant

Sipho Lawrence Mavuso

Appellant

Denis Victor Mchunu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Convictions and Sentences From the Durban and Coast Local Division

Legal Issues

  1. 1 Whether the convictions of the appellants on charges of murder, kidnapping, attempted murder, and accessory after the fact were justified.
  2. 2 Whether the death sentences imposed on accused 1 and 3 should be upheld or substituted in light of legislative changes.
  3. 3 Whether the sentences imposed on the other accused were appropriate given the circumstances and evidence.

Ratio Decidendi

The Supreme Court of Appeal found that the convictions of accused 1 and 3 on the charges of murder, kidnapping, and attempted murder were justified based on credible evidence, particularly the testimony of the survivor and corroborating witnesses. However, the death sentences imposed on accused 1 and 3 were set aside due to the legislative change making the death penalty discretionary and the presence of mitigating factors, including the influence of Shabalala and the charged atmosphere. The sentences were substituted with 25 years' imprisonment for murder, with concurrent sentences for kidnapping and attempted murder. The convictions of accused 4, 10, and 11 on certain kidnapping counts...

Court Disposition

Appeals against convictions by accused 1 and 3 dismissed; appeals against death sentences upheld and substituted with imprisonment. Appeals by accused 4, 10, and 11 on specific counts upheld and sentences reduced. Appeal by accused 5 against sentence upheld and sentence reduced.

Orders

  • The appeals of accused 1 and 3 against their convictions are dismissed.
  • The death sentences imposed on accused 1 and 3 are set aside and substituted with 25 years' imprisonment for murder, with sentences for kidnapping and attempted murder to run concurrently.