S v Mapholi en Andere (408/84) [1985] ZASCA 47 (29 May 1985)

S v Mapholi en Andere (408/84) [1985] ZASCA 47 (29 May 1985)

The Supreme Court of Appeal found that the further evidence admitted on appeal, particularly the notes of Lieutenant Nefale regarding the indications made by Johannes, revealed material contradictions with the trial testimony. These contradictions undermined the credibility of both Johannes and Kenneth, the State's principal witnesses, whose evidence had been accepted by the trial court. The Court held that, in the absence of reliable direct evidence and given the contradictory nature of the confessions and statements by accused 1 and 4, there was insufficient evidence to sustain the convictions. The trial court's findings were based on a version of events that was no longer tenable in...

Citation
[1985] ZASCA 47
Parties
Appellant: David Singo Mapholi; Appellant: Andries Tshamano Mathivha; Appellant: John Nemauluma; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 May 1985
Case Number
408/84
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence After Leave Granted and Further Evidence Admitted
Outcome
Appeals upheld; convictions and sentences of all three appellants set aside.
Judges
Grosskopf, Corbett, Hoexter, Botha, Galgut
Legal Topics
Murder, Admissibility of Evidence, Credibility of Witnesses, Confession, Appeal Procedure
Criminal Law Murder Admissibility of Evidence Credibility of Witnesses Confession Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

David Singo Mapholi

Appellant

Andries Tshamano Mathivha

Appellant

John Nemauluma

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence After Leave Granted and Further Evidence Admitted

Legal Issues

  1. 1 Whether the convictions of the appellants for murder were sustainable in light of material contradictions in the evidence.
  2. 2 Whether the further evidence admitted on appeal irreparably damaged the State's case.
  3. 3 Whether the confessions and out-of-court statements by accused 1 and 4 could independently justify conviction.

Ratio Decidendi

The Supreme Court of Appeal found that the further evidence admitted on appeal, particularly the notes of Lieutenant Nefale regarding the indications made by Johannes, revealed material contradictions with the trial testimony. These contradictions undermined the credibility of both Johannes and Kenneth, the State's principal witnesses, whose evidence had been accepted by the trial court. The Court held that, in the absence of reliable direct evidence and given the contradictory nature of the confessions and statements by accused 1 and 4, there was insufficient evidence to sustain the convictions. The trial court's findings were based on a version of events that was no longer tenable in...

Court Disposition

Appeals upheld; convictions and sentences of all three appellants set aside.

Orders

  • The convictions and sentences of David Singo Mapholi, Andries Tshamano Mathivha, and John Nemauluma are set aside.
  • All three appellants are acquitted.