S v Ningi and Another (127/99) [2000] ZASCA 184 (29 September 2000)

S v Ningi and Another (127/99) [2000] ZASCA 184 (29 September 2000)

The Supreme Court of Appeal held that, following the setting aside of the convictions and sentences on counts of murder and attempted murder, the only remaining sentence was for public violence. The evidence established that the appellants joined the mob at a late stage, after the assaults had occurred, and their participation was limited. Both appellants were first offenders and employed. The court found that, in these circumstances, correctional supervision under section 276(1)(h) of Act 51 of 1977 was now an available and appropriate sentencing option. The matter was referred back to the trial magistrate to consider imposing such a sentence, or another suitable sentence if correctional...

Citation
[2000] ZASCA 184
Parties
Appellant: Bonile Ningi; Appellant: Zolile Mabadi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 2000
Case Number
127/99
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence succeeds; sentence of 18 months imprisonment set aside; matter referred back for reconsideration of sentence under section 276(1)(h) of Act 51 of 1977.
Judges
F H Grosskopf, Scott, Plewman
Legal Topics
Public Violence, Correctional Supervision, Sentencing Discretion, Appeal Procedure
Criminal Law Public Violence Correctional Supervision Sentencing Discretion Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Bonile Ningi

Appellant

Zolile Mabadi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether correctional supervision is an appropriate sentencing option for the appellants following the setting aside of convictions on other counts.
  2. 2 Whether the sentence of 18 months imprisonment for public violence should be reconsidered in light of the appellants' limited participation and circumstances.

Ratio Decidendi

The Supreme Court of Appeal held that, following the setting aside of the convictions and sentences on counts of murder and attempted murder, the only remaining sentence was for public violence. The evidence established that the appellants joined the mob at a late stage, after the assaults had occurred, and their participation was limited. Both appellants were first offenders and employed. The court found that, in these circumstances, correctional supervision under section 276(1)(h) of Act 51 of 1977 was now an available and appropriate sentencing option. The matter was referred back to the trial magistrate to consider imposing such a sentence, or another suitable sentence if correctional...

Court Disposition

Appeal against sentence succeeds; sentence of 18 months imprisonment set aside; matter referred back for reconsideration of sentence under section 276(1)(h) of Act 51 of 1977.

Orders

  • The appeal succeeds and the sentence of 18 months imprisonment imposed on the appellants in respect of count 3 is set aside.
  • The matter is referred back to the trial magistrate to impose sentence afresh, after compliance with section 276A(1)(a) of Act 51 of 1977 and after receiving further evidence, to correctional supervision in terms of section 276(1)(h) or, if not appropriate, to otherwise sentence the appellants in light of this...