S v Masango en Andere (499/93, 510/93) [1997] ZASCA 40 (12 May 1997)

S v Masango en Andere (499/93, 510/93) [1997] ZASCA 40 (12 May 1997)

The court found that the evidence established that all appellants participated in the housebreaking and robbery, and that the circumstances were such that each foresaw the possibility of violence and death occurring during the commission of the robbery. The manner in which the crime was committed, including the cutting of telephone wires and binding of the deceased, indicated a premeditated plan to prevent resistance and call for help. The court held that the appellants acted with dolus eventualis and were correctly convicted of murder. However, following the Constitutional Court's decision in S v Makwanyane, the death sentences imposed were invalid and could not be executed. The matter...

Citation
[1997] ZASCA 40
Parties
Appellant: Freddy Dumako Masango; Appellant: Phillip Seiko Phiri; Appellant: Willem William Masilela; Appellant: Willem Mabena; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
12 May 1997
Case Number
499/93, 510/93
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction for murder by the third and fourth appellants dismissed; appeal against death sentences by all appellants upheld; death sentences set aside; matter remitted for re-sentencing on the murder charge.
Judges
F H Grosskopf, LTC Harms, D G Scott
Legal Topics
Dolus Eventualis, Murder, Housebreaking, Robbery With Aggravating Circumstances, Death Penalty, Constitutional Invalidity of Death Sentence
Criminal Law Dolus Eventualis Murder Housebreaking Robbery With Aggravating Circumstances Death Penalty Constitutional Invalidity of Death Sentence

Case Brief

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Parties

Freddy Dumako Masango

Appellant

Phillip Seiko Phiri

Appellant

Willem William Masilela

Appellant

Willem Mabena

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the evidence justified the conviction of all appellants for murder with dolus eventualis.
  2. 2 Whether the death sentences imposed were valid in light of the Constitutional Court's decision in S v Makwanyane.
  3. 3 Whether the matter should be remitted for re-sentencing on the murder charge.

Ratio Decidendi

The court found that the evidence established that all appellants participated in the housebreaking and robbery, and that the circumstances were such that each foresaw the possibility of violence and death occurring during the commission of the robbery. The manner in which the crime was committed, including the cutting of telephone wires and binding of the deceased, indicated a premeditated plan to prevent resistance and call for help. The court held that the appellants acted with dolus eventualis and were correctly convicted of murder. However, following the Constitutional Court's decision in S v Makwanyane, the death sentences imposed were invalid and could not be executed. The matter...

Court Disposition

Appeal against conviction for murder by the third and fourth appellants dismissed; appeal against death sentences by all appellants upheld; death sentences set aside; matter remitted for re-sentencing on the murder charge.

Orders

  • The appeal of the third and fourth appellants against their convictions for murder is dismissed.
  • The appeal of all four appellants against the death sentence imposed for murder is upheld and the death sentences are set aside.