S v Ramovha en 'n Ander (148/85) [1985] ZASCA 135; [1986] 2 All SA 37 (A) (29 November 1985)

S v Ramovha en 'n Ander (148/85) [1985] ZASCA 135; [1986] 2 All SA 37 (A) (29 November 1985)

The court held that the prosecutor was under a duty to inform the court of the existence of the confession made by the witness Phineas Murovhi to a magistrate, which he did. The confession was not privileged and could have been requested by the defence. The failure of the defence to request access to the confession, whether due to oversight or lack of experience, did not amount to an irregularity in the proceedings as contemplated by the relevant statutory provisions. The court found that there was no procedural irregularity or illegality in the conduct of the trial and that the appellants were not prejudiced in their defence by the non-disclosure. Accordingly, the appeal was dismissed.

Citation
[1985] ZASCA 135
Parties
Appellant: David Booi Ramovha; Appellant: Phillemon Makhuvha; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 1985
Case Number
148/85
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed.
Judges
Kotze, Joubert, Hefer, Boshoff, Nicholas, War
Legal Topics
Disclosure of Evidence, Fair Trial Rights, Irregularity in Proceedings, Privilege of Statements
Criminal Law Disclosure of Evidence Fair Trial Rights Irregularity in Proceedings Privilege of Statements

Case Brief

Summary, issues, holding and outcome

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Parties

David Booi Ramovha

Appellant

Phillemon Makhuvha

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the State's failure to disclose a confession made by a key witness to the defence constituted an irregularity in the proceedings.
  2. 2 Whether the appellants were prejudiced in their defence by the non-disclosure of the confession.
  3. 3 Whether the prosecutor was under a duty to disclose non-privileged statements in his possession.

Ratio Decidendi

The court held that the prosecutor was under a duty to inform the court of the existence of the confession made by the witness Phineas Murovhi to a magistrate, which he did. The confession was not privileged and could have been requested by the defence. The failure of the defence to request access to the confession, whether due to oversight or lack of experience, did not amount to an irregularity in the proceedings as contemplated by the relevant statutory provisions. The court found that there was no procedural irregularity or illegality in the conduct of the trial and that the appellants were not prejudiced in their defence by the non-disclosure. Accordingly, the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.