S v Plaatjies en 'n Ander (365/93,429/93) [1994] ZASCA 91 (30 May 1994)

S v Plaatjies en 'n Ander (365/93,429/93) [1994] ZASCA 91 (30 May 1994)

The court found that the aggravating circumstances in respect of the first appellant were overwhelming: he participated in two brutal murders of elderly, defenceless women in their homes, motivated by greed and with no evidence of necessity. He had a significant history of similar offences and showed no remorse, with negligible prospects of rehabilitation. The court held that, but for the constitutional uncertainty regarding the death penalty, the death sentences would have been confirmed. However, the interpretation of the relevant constitutional provisions falls within the exclusive jurisdiction of the Constitutional Court, and finalisation of the first appellant's appeal was postponed...

Citation
[1994] ZASCA 91
Parties
Appellant: Johannes Plaatjies; Appellant: Mietah van Schalkwyk; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 1994
Case Number
365/93, 429/93
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
The appeal of the second appellant against the death sentence on count 4 succeeds; the death sentence is set aside and replaced with 20 years' imprisonment, with all sentences to run concurrently. The finalisation of the first appellant's appeal against the death sentences is postponed pending the Constitutional...
Judges
Smalberger, Van den Heever, Olivier
Legal Topics
Murder, Aggravating and Mitigating Factors, Death Penalty, Constitutional Review, Sentencing Principles
Criminal Law Constitutional Law Murder Aggravating and Mitigating Factors Death Penalty Constitutional Review Sentencing Principles

Case Brief

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Parties

Johannes Plaatjies

Appellant

Mietah van Schalkwyk

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the death sentences imposed on the appellants are the only appropriate sentences in light of aggravating and mitigating factors.
  2. 2 Whether the death penalty is constitutionally permissible under the new Constitution.
  3. 3 Whether the sentences imposed on the second appellant are excessive and should be adjusted.

Ratio Decidendi

The court found that the aggravating circumstances in respect of the first appellant were overwhelming: he participated in two brutal murders of elderly, defenceless women in their homes, motivated by greed and with no evidence of necessity. He had a significant history of similar offences and showed no remorse, with negligible prospects of rehabilitation. The court held that, but for the constitutional uncertainty regarding the death penalty, the death sentences would have been confirmed. However, the interpretation of the relevant constitutional provisions falls within the exclusive jurisdiction of the Constitutional Court, and finalisation of the first appellant's appeal was postponed...

Court Disposition

The appeal of the second appellant against the death sentence on count 4 succeeds; the death sentence is set aside and replaced with 20 years' imprisonment, with all sentences to run concurrently. The finalisation of the first appellant's appeal against the death sentences is postponed pending the Constitutional...

Orders

  • The finalisation of the first appellant's appeal against the death sentences on counts 1 and 4 is postponed pending the Constitutional Court's decision.
  • The second appellant's appeal against the death sentence on count 4 succeeds; the death sentence is set aside and replaced with 20 years' imprisonment.