S v Masina and Others (695/89) [1990] ZASCA 90; [1990] 2 All SA 568 (A) (13 September 1990)

S v Masina and Others (695/89) [1990] ZASCA 90; [1990] 2 All SA 568 (A) (13 September 1990)

The Supreme Court of Appeal held that, under the amended Criminal Procedure Act, it was required to exercise its own discretion regarding the appropriateness of the death penalty, considering both mitigating and aggravating factors. The trial court's findings, particularly those of DE KLERK J, established that the appellants acted under political motivation, were highly trained and indoctrinated members of the ANC's military wing, and were influenced by the trauma and frustration of apartheid. These factors were found to be mitigating. However, the murders were premeditated and committed in cold blood, which were aggravating factors. The assessors' misdirections in evaluating extenuating...

Citation
[1990] ZASCA 90
Parties
Appellant: Obed Masina; Appellant: Frans Ting-Ting Masango; Appellant: Neo Grifpith Potsane; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
13 September 1990
Case Number
695/89
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against the death sentences succeeds; sentences of death are set aside and replaced with terms of imprisonment.
Judges
Joubert, Smalberger, Milne, Eksteen, Friedman
Legal Topics
Death Penalty, Mitigating Factors, Aggravating Factors, Automatic Right of Appeal, Political Motivation, Sentencing Discretion
Criminal Law Death Penalty Mitigating Factors Aggravating Factors Automatic Right of Appeal Political Motivation Sentencing Discretion

Case Brief

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Parties

Obed Masina

Appellant

Frans Ting-Ting Masango

Appellant

Neo Grifpith Potsane

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the death sentences imposed on the appellants should be upheld under the amended Criminal Procedure Act.
  2. 2 Whether mitigating or aggravating factors exist that affect the appropriateness of the death penalty.
  3. 3 Whether the trial court's findings regarding extenuating circumstances were correct.

Ratio Decidendi

The Supreme Court of Appeal held that, under the amended Criminal Procedure Act, it was required to exercise its own discretion regarding the appropriateness of the death penalty, considering both mitigating and aggravating factors. The trial court's findings, particularly those of DE KLERK J, established that the appellants acted under political motivation, were highly trained and indoctrinated members of the ANC's military wing, and were influenced by the trauma and frustration of apartheid. These factors were found to be mitigating. However, the murders were premeditated and committed in cold blood, which were aggravating factors. The assessors' misdirections in evaluating extenuating...

Court Disposition

Appeal against the death sentences succeeds; sentences of death are set aside and replaced with terms of imprisonment.

Orders

  • In the case of the first appellant, a sentence of 25 years imprisonment is substituted on each of counts 13, 14, 15 and 16.
  • In the case of the second appellant, a sentence of 25 years imprisonment is substituted on each of counts 14, 15 and 16.