S v Makasi and Others (251/87) [1988] ZASCA 28 (29 March 1988)

S v Makasi and Others (251/87) [1988] ZASCA 28 (29 March 1988)

The appellate court found that the evidence, including the confessions and witness testimony, established beyond reasonable doubt that all three appellants participated in the planned robbery of the Hirshons. The second and third appellants were correctly convicted of murder and attempted murder, as their actions and admissions demonstrated intent to kill or appreciation of the risk of death. The first appellant was properly convicted of aggravated robbery, as his involvement was proven, but the State failed to prove his intent regarding the murder and attempted murder charges. The trial court's rejection of the appellants' versions was justified by inconsistencies, improbabilities, and...

Citation
[1988] ZASCA 28
Parties
Appellant: Johnson Mxolisi Makasi; Appellant: David Temba Kekana; Appellant: Jacobus Konzi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 March 1988
Case Number
251/87
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals dismissed. Convictions and sentences confirmed.
Judges
Grosskopf, Kumleben, Arr, Boshoff
Legal Topics
Murder, Attempted Murder, Aggravated Robbery, Joint Enterprise, Admissibility of Confession, Credibility of Witnesses
Criminal Law Murder Attempted Murder Aggravated Robbery Joint Enterprise Admissibility of Confession Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Johnson Mxolisi Makasi

Appellant

David Temba Kekana

Appellant

Jacobus Konzi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions of murder, attempted murder, and aggravated robbery against each appellant were proved beyond reasonable doubt.
  2. 2 Whether the confessions and statements made by the appellants were admissible and reliable.
  3. 3 Whether the trial court erred in its assessment of the credibility of the appellants' evidence.

Ratio Decidendi

The appellate court found that the evidence, including the confessions and witness testimony, established beyond reasonable doubt that all three appellants participated in the planned robbery of the Hirshons. The second and third appellants were correctly convicted of murder and attempted murder, as their actions and admissions demonstrated intent to kill or appreciation of the risk of death. The first appellant was properly convicted of aggravated robbery, as his involvement was proven, but the State failed to prove his intent regarding the murder and attempted murder charges. The trial court's rejection of the appellants' versions was justified by inconsistencies, improbabilities, and...

Court Disposition

Appeals dismissed. Convictions and sentences confirmed.

Orders

  • The appeals of all three appellants are dismissed.
  • The convictions and sentences imposed by the trial court are confirmed.