S v Malefane and Others (261/94, 59/96, 245/94, 230/94, 320/94) [1998] ZASCA 53 (1 June 1998)

S v Malefane and Others (261/94, 59/96, 245/94, 230/94, 320/94) [1998] ZASCA 53 (1 June 1998)

The Supreme Court of Appeal found that the trial court correctly admitted the statements and pointings out made by the accused after thorough trials-within-the-trial, with no misdirections of fact. The evidence established that the accused participated in the planning and execution of an armed robbery, resulting in murder, attempted murder, and unlawful possession of firearms and ammunition. The doctrine of common purpose was properly applied, making each accused liable for the acts committed in furtherance of the agreed criminal plan. The death sentences imposed were set aside as unconstitutional, and life imprisonment was substituted. The sentences on other counts were ordered to run...

Citation
[1998] ZASCA 53
Parties
Appellant: Phillip Malefane; Appellant: Bonginkosi Mchunu; Appellant: Johannes Mkhize; Appellant: Aron Ligaraba; Appellant: Eric Williams; Appellant: PA Ngubane; Appellant: David Nene; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 June 1998
Case Number
261/94, 59/96, 245/94, 230/94, 320/94
Procedural Posture
Criminal Appeal / Appeal Against Convictions and Sentences
Outcome
Appeals against convictions dismissed; convictions confirmed. Appeals against death sentences allowed; death sentences set aside and replaced with life imprisonment. Sentences on other counts to run concurrently with life sentences.
Judges
Hefer, Olivier, Farlam
Legal Topics
Common Purpose Liability, Admissibility of Confessions, Armed Robbery, Murder, Attempted Murder, Unlawful Possession of Firearms
Criminal Law Common Purpose Liability Admissibility of Confessions Armed Robbery Murder Attempted Murder Unlawful Possession of Firearms

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Parties

Phillip Malefane

Appellant

Bonginkosi Mchunu

Appellant

Johannes Mkhize

Appellant

Aron Ligaraba

Appellant

Eric Williams

Appellant

PA Ngubane

Appellant

David Nene

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Convictions and Sentences

Legal Issues

  1. 1 Whether the trial court correctly admitted statements and pointings out made by the accused.
  2. 2 Whether the accused were properly convicted on the basis of common purpose for murder, robbery, attempted murder, and unlawful possession of firearms and ammunition.
  3. 3 Whether the sentences imposed, including the death penalty, were appropriate in light of constitutional developments.

Ratio Decidendi

The Supreme Court of Appeal found that the trial court correctly admitted the statements and pointings out made by the accused after thorough trials-within-the-trial, with no misdirections of fact. The evidence established that the accused participated in the planning and execution of an armed robbery, resulting in murder, attempted murder, and unlawful possession of firearms and ammunition. The doctrine of common purpose was properly applied, making each accused liable for the acts committed in furtherance of the agreed criminal plan. The death sentences imposed were set aside as unconstitutional, and life imprisonment was substituted. The sentences on other counts were ordered to run...

Court Disposition

Appeals against convictions dismissed; convictions confirmed. Appeals against death sentences allowed; death sentences set aside and replaced with life imprisonment. Sentences on other counts to run concurrently with life sentences.

Orders

  • The appeals in respect of the convictions are dismissed and the convictions of all the accused are confirmed.
  • The appeals in respect of the sentences imposed on accused nos 1, 2, 3, 5, 6 and 7 on counts 1 and 2 are allowed; the sentences imposed on those counts are set aside and replaced by life sentences on both counts, which sentences shall run from 3 May 1994.