S v Mjikwa (37/1992) [1993] ZASCA 12 (4 March 1993)

S v Mjikwa (37/1992) [1993] ZASCA 12 (4 March 1993)

The Supreme Court of Appeal held that the evidence of the appellant's pointing out was inadmissible, as it was made shortly after an involuntary confession obtained through coercion, and the link between the two was too close to ignore. Nevertheless, the court found that the appellant's possession of the murder weapons and ammunition, in circumstances where he failed to provide any innocent explanation, strongly implicated him in the commission of the murders and robberies. The court accepted the trial court's finding that the appellant was at least a member of a group acting with a common purpose to commit the offences. The appellant's prior convictions and conduct demonstrated a pattern...

Citation
[1993] ZASCA 12
Parties
Appellant: Mbuyiseli Mjikwa; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
4 March 1993
Case Number
37/1992
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeal is dismissed.
Judges
Van Heerden, Howie, Krieger
Legal Topics
Admissibility of Evidence, Confession and Pointing Out, Common Purpose Liability, Murder, Robbery With Aggravating Circumstances
Criminal Law Admissibility of Evidence Confession and Pointing Out Common Purpose Liability Murder Robbery With Aggravating Circumstances

Case Brief

Summary, issues, holding and outcome

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Parties

Mbuyiseli Mjikwa

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the evidence of pointing out by the appellant was admissible.
  2. 2 Whether the appellant's convictions for murder and robbery were justified on the evidence.
  3. 3 Whether the death sentences imposed were appropriate.

Ratio Decidendi

The Supreme Court of Appeal held that the evidence of the appellant's pointing out was inadmissible, as it was made shortly after an involuntary confession obtained through coercion, and the link between the two was too close to ignore. Nevertheless, the court found that the appellant's possession of the murder weapons and ammunition, in circumstances where he failed to provide any innocent explanation, strongly implicated him in the commission of the murders and robberies. The court accepted the trial court's finding that the appellant was at least a member of a group acting with a common purpose to commit the offences. The appellant's prior convictions and conduct demonstrated a pattern...

Court Disposition

The appeal is dismissed.

Orders

  • The appeal against conviction and sentence is dismissed.
  • The convictions and sentences imposed by the trial court are confirmed.