S v Makwanyane and Another (233/92) [1994] ZASCA 76; 1994 (3) SA 868 (AD); (27 May 1994)

S v Makwanyane and Another (233/92) [1994] ZASCA 76; 1994 (3) SA 868 (AD); (27 May 1994)

The Supreme Court of Appeal found that the confessions and pointing out evidence by both appellants were admissible and voluntary, as the trial court's credibility findings were not challenged and were supported by the absence of significant injuries and repeated police warnings of the appellants' rights. The evidence established that the appellants participated in a premeditated, armed attack on a bank vehicle and its police escort, knowing that bank officials were present and intending to eliminate any resistance, thereby possessing the requisite intent for murder and attempted murder. The sentences of imprisonment for robbery and attempted murder were within the trial court's...

Citation
[1994] ZASCA 76
Parties
Appellant: Themba Makwanyane; Appellant: Mvuso Mchunu; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 May 1994
Case Number
233/92
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeals against conviction and sentences for robbery and attempted murder are dismissed. The final determination of the appeals against the death sentences for murder is postponed pending the Constitutional Court's decision on the validity of the death penalty.
Judges
E M Grosskopf, F H Grosskopf, Nienaber
Legal Topics
Admissibility of Confessions, Common Purpose Liability, Murder, Attempted Murder, Armed Robbery, Constitutional Validity of Death Penalty
Criminal Law Admissibility of Confessions Common Purpose Liability Murder Attempted Murder Armed Robbery Constitutional Validity of Death Penalty

Case Brief

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Parties

Themba Makwanyane

Appellant

Mvuso Mchunu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the confessions and pointing out evidence by the appellants were admissible and voluntary.
  2. 2 Whether the appellants had the requisite intent for murder and attempted murder.
  3. 3 Whether the sentences imposed, including the death penalty, were appropriate and constitutional.

Ratio Decidendi

The Supreme Court of Appeal found that the confessions and pointing out evidence by both appellants were admissible and voluntary, as the trial court's credibility findings were not challenged and were supported by the absence of significant injuries and repeated police warnings of the appellants' rights. The evidence established that the appellants participated in a premeditated, armed attack on a bank vehicle and its police escort, knowing that bank officials were present and intending to eliminate any resistance, thereby possessing the requisite intent for murder and attempted murder. The sentences of imprisonment for robbery and attempted murder were within the trial court's...

Court Disposition

The appeals against conviction and sentences for robbery and attempted murder are dismissed. The final determination of the appeals against the death sentences for murder is postponed pending the Constitutional Court's decision on the validity of the death penalty.

Orders

  • Both appellants' appeals against their convictions and sentences on counts 7 and 8 are dismissed.
  • The finalisation of the appeals against the death sentences on counts 2, 3, 4, and 5 is postponed to a date to be determined by the Registrar in consultation with the Chief Justice.