S v Ngubani and Another (319/88) [1989] ZASCA 18 (22 March 1989)

S v Ngubani and Another (319/88) [1989] ZASCA 18 (22 March 1989)

The court found that the evidence of the accomplice witnesses, Mngadi and Khumalo, was credible and had been properly treated with caution by the trial court. The first appellant's admissions during section 119 proceedings were voluntary and admissible, with no credible evidence of police coercion or assault. The forensic evidence corroborated the involvement of the appellants in the murder and attempted murder. The alleged financial need and fear of the first appellant did not constitute extenuating circumstances, as there was no factual basis for such claims, and the motive was found to be monetary. The conduct of the deceased towards the second appellant was lawful, and the second...

Citation
[1989] ZASCA 18
Parties
Appellant: Khethowakhe Mthembeni Ngubani; Appellant: Gabhu Philemon Sigubudu; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 March 1989
Case Number
319/88
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals of both appellants against their convictions and sentences are dismissed.
Judges
Joubert, Milne, F.H. Grosskopf
Legal Topics
Murder, Attempted Murder, Extenuating Circumstances, Admissibility of Confession, Credibility of Witnesses
Criminal Law Murder Attempted Murder Extenuating Circumstances Admissibility of Confession Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Khethowakhe Mthembeni Ngubani

Appellant

Gabhu Philemon Sigubudu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions of murder and attempted murder against both appellants should stand.
  2. 2 Whether the death penalty and sentences imposed were justified in the absence of extenuating circumstances.
  3. 3 Whether the admissions made by the first appellant during section 119 proceedings were admissible and voluntary.

Ratio Decidendi

The court found that the evidence of the accomplice witnesses, Mngadi and Khumalo, was credible and had been properly treated with caution by the trial court. The first appellant's admissions during section 119 proceedings were voluntary and admissible, with no credible evidence of police coercion or assault. The forensic evidence corroborated the involvement of the appellants in the murder and attempted murder. The alleged financial need and fear of the first appellant did not constitute extenuating circumstances, as there was no factual basis for such claims, and the motive was found to be monetary. The conduct of the deceased towards the second appellant was lawful, and the second...

Court Disposition

Appeals of both appellants against their convictions and sentences are dismissed.

Orders

  • The appeals of both appellants against their convictions and sentences are dismissed.