S v Morgan and Others (644/91) [1993] ZASCA 94; [1993] 4 All SA 697 (A) (2 June 1993)

S v Morgan and Others (644/91) [1993] ZASCA 94; [1993] 4 All SA 697 (A) (2 June 1993)

The Supreme Court of Appeal held that the evidence established beyond a reasonable doubt that the complainants were kidnapped and detained against their will by the appellants. The Court found that the trial judge's adverse credibility findings regarding the second and third appellants were justified, though not all factual findings were endorsed. The motive for the kidnapping, while not legally justifying the offence, was found to be a bona fide belief in alleged sexual misconduct at the manse, not an ulterior campaign against the Reverend Verryn. The third appellant's alibi was accepted, removing her from direct participation in the assaults, but she was found to have been party to the...

Citation
[1993] ZASCA 94
Parties
Appellant: John Morgan; Appellant: Xoliswa Falati; Appellant: Nomzamo Winifred Mandela; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 June 1993
Case Number
644/91
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal by first and second appellants against conviction dismissed; appeal by third appellant against conviction for kidnapping dismissed, but appeal against conviction as accessory after the fact to assault upheld. Sentences varied; compensation ordered.
Judges
Corbett, Botha, Smalberger, Milne, Eksteen
Legal Topics
Kidnapping, Assault With Intent to Do Grievous Bodily Harm, Accessory After the Fact, Credibility of Witnesses, Sentencing Principles
Criminal Law Kidnapping Assault With Intent to Do Grievous Bodily Harm Accessory After the Fact Credibility of Witnesses Sentencing Principles

Case Brief

Summary, issues, holding and outcome

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Parties

John Morgan

Appellant

Xoliswa Falati

Appellant

Nomzamo Winifred Mandela

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellants were guilty of kidnapping and assault with intent to do grievous bodily harm.
  2. 2 Whether the convictions and sentences imposed by the trial court were justified.
  3. 3 Whether the third appellant was correctly convicted as an accessory after the fact to assault.

Ratio Decidendi

The Supreme Court of Appeal held that the evidence established beyond a reasonable doubt that the complainants were kidnapped and detained against their will by the appellants. The Court found that the trial judge's adverse credibility findings regarding the second and third appellants were justified, though not all factual findings were endorsed. The motive for the kidnapping, while not legally justifying the offence, was found to be a bona fide belief in alleged sexual misconduct at the manse, not an ulterior campaign against the Reverend Verryn. The third appellant's alibi was accepted, removing her from direct participation in the assaults, but she was found to have been party to the...

Court Disposition

Appeal by first and second appellants against conviction dismissed; appeal by third appellant against conviction for kidnapping dismissed, but appeal against conviction as accessory after the fact to assault upheld. Sentences varied; compensation ordered.

Orders

  • First appellant's appeal against conviction on counts 1 to 4 dismissed.
  • Second appellant's appeal against conviction on counts 1 to 8 dismissed.