S v Mayekiso (99/1988) [1988] ZASCA 159 (29 November 1988)

S v Mayekiso (99/1988) [1988] ZASCA 159 (29 November 1988)

The Supreme Court of Appeal held that the judgment in Vuyisile Tyebela v The State, delivered on 17 November 1988, is directly applicable to the present case. For the reasons set out in that judgment, the appellant's conviction and sentence cannot stand. The appeal is therefore allowed, and both the conviction and sentence are set aside.

Citation
[1988] ZASCA 159
Parties
Appellant: Zengisile Mayekiso; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 1988
Case Number
99/1988
Procedural Posture
Criminal Appeal / Appeal
Outcome
The appeal is allowed. The appellant's conviction and sentence are set aside.
Judges
Botha, Hefer, Milne
Legal Topics
Conviction and Sentence, Precedent Application
Criminal Law Conviction and Sentence Precedent Application

Case Brief

Summary, issues, holding and outcome

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Parties

Zengisile Mayekiso

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal

Legal Issues

  1. 1 Whether the conviction and sentence of the appellant should be set aside in light of the precedent established in Vuyisile Tyebela v The State.

Ratio Decidendi

The Supreme Court of Appeal held that the judgment in Vuyisile Tyebela v The State, delivered on 17 November 1988, is directly applicable to the present case. For the reasons set out in that judgment, the appellant's conviction and sentence cannot stand. The appeal is therefore allowed, and both the conviction and sentence are set aside.

Court Disposition

The appeal is allowed. The appellant's conviction and sentence are set aside.

Orders

  • The appeal is allowed.
  • The appellant's conviction and sentence are set aside.