S v Ntongana and Another (266/89) [1990] ZASCA 82 (3 September 1990)

S v Ntongana and Another (266/89) [1990] ZASCA 82 (3 September 1990)

The court found that the identification evidence provided by the complainants was reliable, given the conditions under which the robbery occurred and the subsequent identification parade. The alleged unfairness of the parade was not substantiated, and the complainants' inability to recall clothing details did not undermine their identification of the appellants. The alibi evidence presented by the appellants and their witnesses was inconsistent, contradictory, and lacked credibility. The introduction of the Clarence Carter show as a reference point for the alibi was found to be contrived and unconvincing. The trial court's findings on credibility and reliability were upheld. Regarding...

Citation
[1990] ZASCA 82
Parties
Appellant: Lulama Livingstone Ntongana; Appellant: Zanele Mapandile; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
3 September 1990
Case Number
266/89
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From Cape Provincial Division
Outcome
Appeal against conviction and sentence dismissed.
Judges
E M Grosskopf, Kumleben, Friedman
Legal Topics
Robbery, Identification Parade, Alibi Defence, Sentencing Principles, Credibility of Witnesses
Criminal Law Robbery Identification Parade Alibi Defence Sentencing Principles Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Lulama Livingstone Ntongana

Appellant

Zanele Mapandile

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From Cape Provincial Division

Legal Issues

  1. 1 Whether the identification evidence was reliable and sufficient to prove the appellants' guilt beyond reasonable doubt.
  2. 2 Whether the alibi defences raised by the appellants were credible.
  3. 3 Whether the trial court misdirected itself in sentencing by over-emphasizing the seriousness of the offence and under-emphasizing the appellants' lack of previous convictions.

Ratio Decidendi

The court found that the identification evidence provided by the complainants was reliable, given the conditions under which the robbery occurred and the subsequent identification parade. The alleged unfairness of the parade was not substantiated, and the complainants' inability to recall clothing details did not undermine their identification of the appellants. The alibi evidence presented by the appellants and their witnesses was inconsistent, contradictory, and lacked credibility. The introduction of the Clarence Carter show as a reference point for the alibi was found to be contrived and unconvincing. The trial court's findings on credibility and reliability were upheld. Regarding...

Court Disposition

Appeal against conviction and sentence dismissed.

Orders

  • The appeal of each appellant against conviction and sentence is dismissed.