S v Myende and Another (186/84) [1984] ZASCA 166; [1985] 1 All SA 474 (A) (30 November 1984)

S v Myende and Another (186/84) [1984] ZASCA 166; [1985] 1 All SA 474 (A) (30 November 1984)

Although the application for further evidence did not strictly meet the requirement of a prima facie likelihood of truth, the court exercised its discretion to grant the application due to the special circumstances of the case, notably its capital nature and the lack of detailed expert reasoning. The court considered the adverse circumstances under which the appellant's pro deo counsel prepared the application, including limited communication and lack of attorney assistance. The court determined that the trial court should first decide the authorship of the disputed letter, and only if resolved in favour of the appellant, consider the alleged conspiracy and its impact on the outcome. The...

Citation
[1984] ZASCA 166
Parties
Appellant: Bonginkosi Osborne Myende; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 1984
Case Number
186/84
Procedural Posture
Criminal Appeal / Application for Remittal to Trial Court for Further Evidence
Outcome
Application granted; convictions and sentences set aside; matter remitted to trial court for further evidence and new decision.
Judges
Viljoen, Botha, Vivier
Legal Topics
Murder, Application for Further Evidence, Authorship of Document, Conspiracy, Unlawful Possession of Firearm
Criminal Law Civil Procedure Murder Application for Further Evidence Authorship of Document Conspiracy Unlawful Possession of Firearm

Case Brief

Summary, issues, holding and outcome

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Parties

Bonginkosi Osborne Myende

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Remittal to Trial Court for Further Evidence

Legal Issues

  1. 1 Whether the disputed letter was authored by the appellant's mother.
  2. 2 Whether the contents of the letter, if proven true, would materially affect the outcome of the trial.
  3. 3 Whether the requirements for admitting further evidence on appeal have been met.

Ratio Decidendi

Although the application for further evidence did not strictly meet the requirement of a prima facie likelihood of truth, the court exercised its discretion to grant the application due to the special circumstances of the case, notably its capital nature and the lack of detailed expert reasoning. The court considered the adverse circumstances under which the appellant's pro deo counsel prepared the application, including limited communication and lack of attorney assistance. The court determined that the trial court should first decide the authorship of the disputed letter, and only if resolved in favour of the appellant, consider the alleged conspiracy and its impact on the outcome. The...

Court Disposition

Application granted; convictions and sentences set aside; matter remitted to trial court for further evidence and new decision.

Orders

  • The convictions and sentences of the appellant on charges of murder and unlawful possession of a firearm are set aside.
  • The matter is remitted to the trial court to hear evidence by either party on the issue of whether the disputed letter was written by the appellant's mother.