S v Zulu and Another (372/94) [1997] ZASCA 89; ; [1997] 4 All SA 515 (A); (29 September 1997)

S v Zulu and Another (372/94) [1997] ZASCA 89; ; [1997] 4 All SA 515 (A); (29 September 1997)

The Supreme Court of Appeal held that the first appellant's confession was properly admitted, as there was no credible evidence of assault, undue influence, or police schooling. The court found the confession both admissible and reliable, supported by its correspondence with proven facts and absence of external sources for its content. The identification evidence against the second appellant was accepted as honest and reliable, with all three eyewitnesses having sufficient opportunity to identify him and no reasonable possibility of mistaken identity. Both appellants' alibi defences were rejected as false and unsupported by credible evidence. The death sentences imposed on the second...

Citation
[1997] ZASCA 89
Parties
Appellant: Sibusiso Zulu; Appellant: Qeda Jeremiah Zulu; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 1997
Case Number
372/94
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed for both appellants, except that the death sentences imposed on the second appellant are set aside and the matter is remitted for lawful sentencing on the murder counts.
Judges
F H Grosskopf, Nienaber, Marais
Legal Topics
Confession Admissibility, Onus of Proof, Identification Evidence, Capital Punishment, Alibi Defence
Criminal Law Confession Admissibility Onus of Proof Identification Evidence Capital Punishment Alibi Defence

Case Brief

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Parties

Sibusiso Zulu

Appellant

Qeda Jeremiah Zulu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the confession made by the first appellant was admissible and reliable.
  2. 2 Whether the identification evidence against the second appellant was sufficient to sustain a conviction.
  3. 3 Whether the death sentences imposed on the second appellant were lawful in light of constitutional developments.

Ratio Decidendi

The Supreme Court of Appeal held that the first appellant's confession was properly admitted, as there was no credible evidence of assault, undue influence, or police schooling. The court found the confession both admissible and reliable, supported by its correspondence with proven facts and absence of external sources for its content. The identification evidence against the second appellant was accepted as honest and reliable, with all three eyewitnesses having sufficient opportunity to identify him and no reasonable possibility of mistaken identity. Both appellants' alibi defences were rejected as false and unsupported by credible evidence. The death sentences imposed on the second...

Court Disposition

Appeals against conviction and sentence dismissed for both appellants, except that the death sentences imposed on the second appellant are set aside and the matter is remitted for lawful sentencing on the murder counts.

Orders

  • The appeal of the first appellant against both conviction and sentence is dismissed.
  • The appeal of the second appellant against conviction and against the sentence of 15 years' imprisonment on the attempted murder counts is dismissed.