S v Mbatha and Others (79/86) [1986] ZASCA 134; [1987] 1 All SA 426 (A) (27 November 1986)

S v Mbatha and Others (79/86) [1986] ZASCA 134; [1987] 1 All SA 426 (A) (27 November 1986)

The Supreme Court of Appeal found that the trial court correctly admitted the confessions and pointing out evidence, as the State proved beyond reasonable doubt that they were made voluntarily and without undue influence or assault. The involvement of the investigating officer as magistrate and the use of police interpreters and photographers did not constitute legal irregularities sufficient to exclude the evidence. The appellants' participation in the murder and robbery was established through their own confessions and corroborating evidence. The court held that dolus eventualis was present for those convicted of murder, as they subjectively foresaw the possibility of death resulting...

Citation
[1986] ZASCA 134
Parties
Appellant: Mathews Mbatha; Appellant: Mshiyene Miya; Appellant: Zacharia Sondlane; Appellant: Ernest Nzuzwa; Appellant: Samuel Mpheleni Shezi; Appellant: Jackson Solly; Appellant: Eric Nkosi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 November 1986
Case Number
79/86
Procedural Posture
Criminal Appeal / Appeal Against Convictions and Sentences
Outcome
All appeals against convictions and sentences are dismissed.
Judges
Jansen, Joubert, Smalberger, Boshoff, Nestadt
Legal Topics
Admissibility of Confessions, Dolus Eventualis, Common Purpose, Murder, Robbery With Aggravating Circumstances, Statutory Requirements for Confessions
Criminal Law Admissibility of Confessions Dolus Eventualis Common Purpose Murder Robbery With Aggravating Circumstances Statutory Requirements for Confessions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Mathews Mbatha

Appellant

Mshiyene Miya

Appellant

Zacharia Sondlane

Appellant

Ernest Nzuzwa

Appellant

Samuel Mpheleni Shezi

Appellant

Jackson Solly

Appellant

Eric Nkosi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Convictions and Sentences

Legal Issues

  1. 1 Whether the confessions and pointing out evidence were admissible.
  2. 2 Whether the appellants' convictions for murder and robbery with aggravating circumstances were justified.
  3. 3 Whether the trial court erred in finding no mitigating circumstances for the imposition of the death penalty.

Ratio Decidendi

The Supreme Court of Appeal found that the trial court correctly admitted the confessions and pointing out evidence, as the State proved beyond reasonable doubt that they were made voluntarily and without undue influence or assault. The involvement of the investigating officer as magistrate and the use of police interpreters and photographers did not constitute legal irregularities sufficient to exclude the evidence. The appellants' participation in the murder and robbery was established through their own confessions and corroborating evidence. The court held that dolus eventualis was present for those convicted of murder, as they subjectively foresaw the possibility of death resulting...

Court Disposition

All appeals against convictions and sentences are dismissed.

Orders

  • The appeals of appellants 1, 2, 3, 4, 5, and 7 against their convictions for attempted robbery with aggravating circumstances are dismissed.
  • The appeal of appellant 6 against his conviction for robbery with aggravating circumstances is dismissed.