South Africa Case Law

S v Roman (228, 230, 232/93)

S v Roman (228, 230, 232/93) [1994] ZASCA 18; [1994] 4 All SA 161 (A) (21 March 1994)

Court

Supreme Court of Appeal

Case number

228, 230, 232/93

Judges

Nestadt, F H Grosskopf, Kannemeyer

The Supreme Court of Appeal found that the trial court was correct in rejecting the appellants' evidence as false and accepting the evidence of the State witnesses, which proved the appellants' guilt beyond reasonable doubt. The court held that the conduct of the appellants in stepping forward and remaining silent when accused by a fellow gang member constituted admissions by conduct and silence. The irregularity of removing the accused from the courtroom during mitigation did not result in a failure of justice, as their counsel was present and the evidence given could not have prejudiced the…

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• Murder
• Gang Related Offences
• Admission By Conduct
• Mitigation Of Sentence
• Dolus Eventualis
• Death Penalty

S v Shezi (72/85)

S v Shezi (72/85) [1985] ZASCA 55; [1985] 2 All SA 423 (A) (30 May 1985)

Court

Supreme Court of Appeal

Case number

72/85

Judges

Rabie, Jansen, Trengove, Viljoen, Van Heerden

The court held that a detainee’s demonstration of how explosives worked was admissible as evidence of knowledge, not as an admission requiring voluntariness.

• Admissibility Of Evidence
• Admission By Conduct
• Pointing Out
• Internal Security Act
• Criminal Procedure
• Voluntariness Of Admissions

S v Maluleke and Another (303/82)

S v Maluleke and Another (303/82) [1984] ZASCA 93 (6 September 1984)

Court

Supreme Court of Appeal

Case number

303/82

Judges

Wessels, Viljoen, Hefer, Galgut, Smalberger

The court found that the trial judge correctly accepted the evidence of Cecilia Makhubela, corroborated by Sylvia and Michael Modau, that both appellants stabbed the deceased. The reliability of identification was enhanced by the witnesses' familiarity with the appellants and the available lighting. The trial judge properly rejected the appellants' versions due to their lies and inconsistencies. Medical evidence established that all three stab wounds contributed to the deceased's death, and both appellants were legally responsible. The appeal was dismissed as the convictions and sentences wer…

Source excerpt

• Murder
• Extenuating Circumstances
• Identification Evidence
• Single Witness Rule
• Causal Link
• Admission By Conduct