S v Ntsangana (288/95) [1997] ZASCA 91 (11 November 1997)

S v Ntsangana (288/95) [1997] ZASCA 91 (11 November 1997)

The Supreme Court of Appeal found no reason to interfere with the trial court's acceptance of the evidence of accused No 1's wife, which was corroborated by other witnesses and physical evidence. The appellant's alibi was rejected as untruthful and improbable. The court held that the conviction for murder was correct based on the evidence. However, the death sentence imposed on accused No 2 must be set aside in consequence of the Constitutional Court's decision in S v Makwanyane, which declared the death penalty unconstitutional. The matter is remitted to the trial court for the imposition of an appropriate substitute sentence.

Citation
[1997] ZASCA 91
Parties
Appellant: Nzimeni Ben Ntsangana; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
11 November 1997
Case Number
288/95
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence on Murder Count
Outcome
Appeal against conviction dismissed; appeal against death sentence upheld.
Judges
Vivier, Marais, Zulman
Legal Topics
Murder, Death Penalty, Alibi Defence, Credibility of Witnesses, Constitutional Right to Life
Criminal Law Constitutional Law Murder Death Penalty Alibi Defence Credibility of Witnesses Constitutional Right to Life

Case Brief

Summary, issues, holding and outcome

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Parties

Nzimeni Ben Ntsangana

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence on Murder Count

Legal Issues

  1. 1 Whether the conviction of accused No 2 for murder was correct.
  2. 2 Whether the death sentence imposed on accused No 2 should be set aside in light of constitutional developments.

Ratio Decidendi

The Supreme Court of Appeal found no reason to interfere with the trial court's acceptance of the evidence of accused No 1's wife, which was corroborated by other witnesses and physical evidence. The appellant's alibi was rejected as untruthful and improbable. The court held that the conviction for murder was correct based on the evidence. However, the death sentence imposed on accused No 2 must be set aside in consequence of the Constitutional Court's decision in S v Makwanyane, which declared the death penalty unconstitutional. The matter is remitted to the trial court for the imposition of an appropriate substitute sentence.

Court Disposition

Appeal against conviction dismissed; appeal against death sentence upheld.

Orders

  • The appeal against the conviction of accused No 2 on the murder count is dismissed.
  • The appeal against the sentence of death imposed in respect of the murder count is upheld.