Ndlela and Others v S (SH187/2018; AR252/2019)
Ndlela and Others v S (SH187/2018; AR252/2019) [2020] ZAKZPHC 27 (16 June 2020)
The court held that the facts admitted by the appellants in their s 112(2) statements established all elements of public violence: unlawful assembly, common intent, and conduct of serious dimensions that invaded the rights of others and disturbed public peace. The absence of physical violence does not preclude conviction where force or invasion of rights is present. The court found that the trial court's reliance solely on the statements was proper under s 112(2) of the Criminal Procedure Act. Regarding sentence, the court determined that the sentences imposed were disproportionate given the…
Source excerpt
- Public Violence
- Sentencing Principles
- Constitutional Right To Protest
- Correctional Supervision
- Guilty Plea
- Elements Of Offence