S v Mbatha and Others (171/93, 185/93, 204/93) [1994] ZASCA 77 (27 May 1994)

S v Mbatha and Others (171/93, 185/93, 204/93) [1994] ZASCA 77 (27 May 1994)

The Supreme Court of Appeal found that, but for the constitutional issue, the death sentences imposed on the appellants for the murders committed during the armed robbery would have been confirmed. The court held that the offences were premeditated, executed with extreme violence and disregard for human life, and motivated by greed rather than need. The personal circumstances of the appellants did not mitigate the seriousness of the crimes. However, due to the constitutional challenge raised regarding the compatibility of the death penalty with sections 9 and 11(2) of the Constitution, and the ambiguity in the transitional provisions, the court determined that it was undesirable to...

Citation
[1994] ZASCA 77
Parties
Appellant: Lizzie Zodwa Mbatha; Appellant: Simon Siphamandla Zwane; Appellant: Thembinkosi Kunene; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 May 1994
Case Number
171/93, 185/93, 204/93
Procedural Posture
Criminal Appeal / Appeal Against Death Sentences Following Conviction for Murder and Robbery; Constitutional Challenge to Death Penalty Pending.
Outcome
Disposition of the appeal against the death sentences is postponed pending a decision of the Constitutional Court on the constitutional validity of confirming such sentences.
Judges
E M Grosskopf, Van den Heever, Nicholas
Legal Topics
Murder, Armed Robbery, Death Penalty, Constitutional Review, Transitional Provisions, Criminal Procedure Act
Criminal Law Constitutional Law Murder Armed Robbery Death Penalty Constitutional Review Transitional Provisions Criminal Procedure Act

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Parties

Lizzie Zodwa Mbatha

Appellant

Simon Siphamandla Zwane

Appellant

Thembinkosi Kunene

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Death Sentences Following Conviction for Murder and Robbery; Constitutional Challenge to Death Penalty Pending.

Legal Issues

  1. 1 Whether the death sentence is the only appropriate sentence for the murders committed by the appellants.
  2. 2 Whether section 277 of the Criminal Procedure Act conflicts with sections 9 and 11(2) of the Constitution.
  3. 3 Whether the transitional provisions of the Constitution affect the confirmation of death sentences imposed prior to its commencement.

Ratio Decidendi

The Supreme Court of Appeal found that, but for the constitutional issue, the death sentences imposed on the appellants for the murders committed during the armed robbery would have been confirmed. The court held that the offences were premeditated, executed with extreme violence and disregard for human life, and motivated by greed rather than need. The personal circumstances of the appellants did not mitigate the seriousness of the crimes. However, due to the constitutional challenge raised regarding the compatibility of the death penalty with sections 9 and 11(2) of the Constitution, and the ambiguity in the transitional provisions, the court determined that it was undesirable to...

Court Disposition

Disposition of the appeal against the death sentences is postponed pending a decision of the Constitutional Court on the constitutional validity of confirming such sentences.

Orders

  • Disposition of the appeal against the death sentences is postponed to a date to be determined by the Registrar in consultation with the Chief Justice, pending a decision of the Constitutional Court on the issue of constitutional competence to confirm the death sentences imposed.