S v Raselebana en 'n Ander (452/94) [1997] ZASCA 26 (26 March 1997)

S v Raselebana en 'n Ander (452/94) [1997] ZASCA 26 (26 March 1997)

The Supreme Court of Appeal found that both appellants were correctly convicted of murder, as the evidence established that they foresaw the possibility that their actions—smothering and restraining the elderly deceased—could result in his death and proceeded regardless. The court rejected the argument that the appellants lacked intent, finding that dolus eventualis was present. However, the court held that the death sentences imposed were invalid following the Constitutional Court's decision in S v Makwanyane, which abolished the death penalty. Accordingly, the death sentences were set aside, and the matter was remitted to the trial court for the imposition of appropriate sentences for...

Citation
[1997] ZASCA 26
Parties
Appellant: Toseph Mmabuti Raselebana; Appellant: Freddy Sebi Makgoka; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 1997
Case Number
452/94
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction for murder dismissed; appeal against death sentence upheld; death sentences set aside; matter remitted for re-sentencing.
Judges
Vivier, F H Grosskopf, Olivier
Legal Topics
Murder, Dolus Eventualis, Sentencing, Constitutional Invalidity of Death Penalty
Criminal Law Murder Dolus Eventualis Sentencing Constitutional Invalidity of Death Penalty

Case Brief

Summary, issues, holding and outcome

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Parties

Toseph Mmabuti Raselebana

Appellant

Freddy Sebi Makgoka

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellants had the requisite intent to kill the deceased for a conviction of murder.
  2. 2 Whether the death sentences imposed were valid in light of the Constitutional Court's decision in S v Makwanyane.
  3. 3 Whether the convictions and sentences should be upheld or substituted.

Ratio Decidendi

The Supreme Court of Appeal found that both appellants were correctly convicted of murder, as the evidence established that they foresaw the possibility that their actions—smothering and restraining the elderly deceased—could result in his death and proceeded regardless. The court rejected the argument that the appellants lacked intent, finding that dolus eventualis was present. However, the court held that the death sentences imposed were invalid following the Constitutional Court's decision in S v Makwanyane, which abolished the death penalty. Accordingly, the death sentences were set aside, and the matter was remitted to the trial court for the imposition of appropriate sentences for...

Court Disposition

Appeal against conviction for murder dismissed; appeal against death sentence upheld; death sentences set aside; matter remitted for re-sentencing.

Orders

  • The appeal by both appellants against their conviction for murder is dismissed.
  • The appeal by both appellants against the death sentence is upheld and the death sentences are set aside.