S v Mkhwanazi (269/95) [1997] ZASCA 19; [1998] 2 All SA 53 (A) (20 March 1997)

S v Mkhwanazi (269/95) [1997] ZASCA 19; [1998] 2 All SA 53 (A) (20 March 1997)

The Supreme Court of Appeal found that the appellant was properly convicted of both murder and robbery with aggravating circumstances. The evidence, particularly the testimony of Patrick Nene and the appellant's own extra-judicial admission, established the appellant's presence and participation in the crimes. The appellant's conduct demonstrated foresight of the possibility of death, satisfying the requirements for dolus eventualis. However, following the Constitutional Court's decision in S v Makwanyane, the death sentences imposed were unlawful and had to be set aside. The matter was remitted to the trial court for the imposition of lawful sentences.

Citation
[1997] ZASCA 19
Parties
Appellant: Joseph Muyula Mkhwanazi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 March 1997
Case Number
269/95
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against convictions dismissed; appeal against death sentences upheld; sentences of death set aside; case remitted for reimposition of sentence.
Judges
Van Heerden, F H Grosskopf, Harms
Legal Topics
Murder, Robbery With Aggravating Circumstances, Common Purpose, Dolus Eventualis, Capital Punishment, Constitutional Invalidity
Criminal Law Murder Robbery With Aggravating Circumstances Common Purpose Dolus Eventualis Capital Punishment Constitutional Invalidity

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Muyula Mkhwanazi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was properly convicted of murder and robbery with aggravating circumstances.
  2. 2 Whether the appellant possessed the necessary mens rea for murder.
  3. 3 Whether the death sentences imposed were lawful following constitutional developments.

Ratio Decidendi

The Supreme Court of Appeal found that the appellant was properly convicted of both murder and robbery with aggravating circumstances. The evidence, particularly the testimony of Patrick Nene and the appellant's own extra-judicial admission, established the appellant's presence and participation in the crimes. The appellant's conduct demonstrated foresight of the possibility of death, satisfying the requirements for dolus eventualis. However, following the Constitutional Court's decision in S v Makwanyane, the death sentences imposed were unlawful and had to be set aside. The matter was remitted to the trial court for the imposition of lawful sentences.

Court Disposition

Appeal against convictions dismissed; appeal against death sentences upheld; sentences of death set aside; case remitted for reimposition of sentence.

Orders

  • The appeal against the convictions on counts 1 and 2 is dismissed.
  • The appeal against the death sentences imposed in respect of counts 1 and 2 is upheld and both sentences of death are set aside.