S v Lange and Others (406/95) [1997] ZASCA 74 (19 September 1997)

S v Lange and Others (406/95) [1997] ZASCA 74 (19 September 1997)

The Supreme Court of Appeal found that the trial court correctly assessed the credibility of the main witness, Mathimba, whose evidence was corroborated by forensic findings and admissions made by the appellants. The alibi defences were rejected as false, and the silence of the third appellant in the face of compelling evidence was held against him. The court held that the statements made to the district surgeon were spontaneous and admissible, and that the evidence against the appellants was overwhelming even without certain police admissions. The convictions for murder and robbery with aggravating circumstances were upheld. However, in light of the Constitutional Court's decision...

Citation
[1997] ZASCA 74
Parties
Appellant: Mlungisi David Lange; Appellant: Mahlomola Enoch Mokhoabane; Appellant: Abraham Mosanyane Moshapane; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
19 September 1997
Case Number
406/95
Procedural Posture
Criminal Appeal / Appeal Against Convictions and Sentences for Murder and Robbery
Outcome
Appeals against convictions dismissed; appeals against death sentences upheld; matter remitted for sentencing on murder counts.
Judges
Nienaber, Harms, Scott
Legal Topics
Murder, Robbery With Aggravating Circumstances, Admissibility of Evidence, Credibility of Witnesses, Death Sentence, Appeal Procedure
Criminal Law Murder Robbery With Aggravating Circumstances Admissibility of Evidence Credibility of Witnesses Death Sentence Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mlungisi David Lange

Appellant

Mahlomola Enoch Mokhoabane

Appellant

Abraham Mosanyane Moshapane

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Convictions and Sentences for Murder and Robbery

Legal Issues

  1. 1 Whether the appellants were correctly convicted of murder and robbery with aggravating circumstances.
  2. 2 Whether the death sentences imposed on the appellants should stand in light of constitutional developments.
  3. 3 Whether the evidence of the main witness, Mathimba, was credible and sufficient to support the convictions.

Ratio Decidendi

The Supreme Court of Appeal found that the trial court correctly assessed the credibility of the main witness, Mathimba, whose evidence was corroborated by forensic findings and admissions made by the appellants. The alibi defences were rejected as false, and the silence of the third appellant in the face of compelling evidence was held against him. The court held that the statements made to the district surgeon were spontaneous and admissible, and that the evidence against the appellants was overwhelming even without certain police admissions. The convictions for murder and robbery with aggravating circumstances were upheld. However, in light of the Constitutional Court's decision...

Court Disposition

Appeals against convictions dismissed; appeals against death sentences upheld; matter remitted for sentencing on murder counts.

Orders

  • The appeals of all three appellants against their convictions are dismissed.
  • The appeals of all three appellants against the death sentences imposed on them are upheld and such sentences are set aside.