S v Mthembu and Others (27/87) [1987] ZASCA 102 (24 September 1987)

S v Mthembu and Others (27/87) [1987] ZASCA 102 (24 September 1987)

The Supreme Court of Appeal held that the cross-examination of the first appellant regarding previous convictions was irregular, as it contravened sections 197 and 211 of the Criminal Procedure Act. However, the irregularity did not result in a failure of justice, as it occurred after the admissibility of the appellant's statements had been determined and did not materially influence the trial court's findings on the alibi or guilt. The statements made by all appellants were properly admitted, with the trial court correctly weighing credibility and probabilities. The evidence established that each appellant participated in a pre-planned robbery, foresaw the possibility of fatal violence,...

Citation
[1987] ZASCA 102
Parties
Appellant: Sipho Mthembu; Appellant: Milton Mbuzeni Zungu; Appellant: Mshiyeni Miya; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 September 1987
Case Number
27/87
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals dismissed; convictions and sentences confirmed.
Judges
Grosskopf, Smalberger, Steyn
Legal Topics
Admissibility of Confessions, Irregular Cross Examination, Extenuating Circumstances, Dolus Eventualis, Onus of Proof, Appeal Procedure
Criminal Law Admissibility of Confessions Irregular Cross Examination Extenuating Circumstances Dolus Eventualis Onus of Proof Appeal Procedure

Case Brief

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Parties

Sipho Mthembu

Appellant

Milton Mbuzeni Zungu

Appellant

Mshiyeni Miya

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the cross-examination of the first appellant regarding previous convictions constituted an irregularity.
  2. 2 Whether the irregularity, if any, resulted in a failure of justice.
  3. 3 Whether the statements made by the appellants were correctly admitted into evidence.

Ratio Decidendi

The Supreme Court of Appeal held that the cross-examination of the first appellant regarding previous convictions was irregular, as it contravened sections 197 and 211 of the Criminal Procedure Act. However, the irregularity did not result in a failure of justice, as it occurred after the admissibility of the appellant's statements had been determined and did not materially influence the trial court's findings on the alibi or guilt. The statements made by all appellants were properly admitted, with the trial court correctly weighing credibility and probabilities. The evidence established that each appellant participated in a pre-planned robbery, foresaw the possibility of fatal violence,...

Court Disposition

Appeals dismissed; convictions and sentences confirmed.

Orders

  • The appeals of Sipho Mthembu, Milton Mbuzeni Zungu, and Mshiyeni Miya against their convictions and sentences are dismissed.
  • The convictions and sentences imposed by the trial court are confirmed.