S v Masela (239/94) [1997] ZASCA 90 (6 November 1997)

S v Masela (239/94) [1997] ZASCA 90 (6 November 1997)

The conviction for murder is unassailable and stands. However, the death sentence, imposed before the Constitution, must be set aside in light of the Constitutional Court's decision in S v Makwanyane, which declared the death penalty unconstitutional. The proper course is to remit the matter to the trial court for imposition of a fresh and competent sentence on the murder count.

Citation
[1997] ZASCA 90
Parties
Appellant: Masela; Respondent: State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
6 November 1997
Case Number
239/94
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against death sentence allowed; death sentence set aside; matter remitted for fresh sentence.
Judges
Van Heerden, Nienaber, Howie
Legal Topics
Murder, Death Penalty, Constitutional Rights, Remittal for Sentence
Criminal Law Murder Death Penalty Constitutional Rights Remittal for Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Masela

Appellant

State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction for murder should be upheld.
  2. 2 Whether the death sentence imposed prior to the Constitution remains valid after S v Makwanyane.
  3. 3 Whether the matter should be remitted for imposition of a fresh sentence.

Ratio Decidendi

The conviction for murder is unassailable and stands. However, the death sentence, imposed before the Constitution, must be set aside in light of the Constitutional Court's decision in S v Makwanyane, which declared the death penalty unconstitutional. The proper course is to remit the matter to the trial court for imposition of a fresh and competent sentence on the murder count.

Court Disposition

Appeal against conviction dismissed; appeal against death sentence allowed; death sentence set aside; matter remitted for fresh sentence.

Orders

  • The appeal against the conviction on the murder count is dismissed.
  • The appeal against the death sentence is allowed and that sentence is set aside.