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South Africa decisions
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S v Lange and Others (406/95) [1997] ZASCA 74 (19 September 1997)
The court upheld murder and robbery convictions based on credible witness and corroborating evidence, but set aside the death sentences after the death penalty was declared unconstitutional.
S v Sebola and Others (292/94, 282/94, 300/94) [1997] ZASCA 39 (12 May 1997)
The court dismissed one appeal for lack of leave, upheld the convictions and sentences on several counts, and set aside all death sentences after constitutional change.
S v Rabotshankga (564/94) [1997] ZASCA 22 (25 March 1997)
The Supreme Court of Appeal upheld Gilbert Rabotshankga’s murder conviction but set aside the death sentence after S v Makwanyane, remitting the matter for a competent sentence.
S v Ngcobo (529/93, 21/95) [1995] ZASCA 22 (27 March 1995)
Appeal against murder and attempted-murder convictions dismissed; request to lead further evidence refused, and sentence appeal postponed pending Constitutional Court guidance.
S v Smith (26/94) [1994] ZASCA 157 (17 November 1994)
The court found that the appellants were correctly identified as the perpetrators of the murder based on the direct and corroborated evidence of the State witnesses. The murder was committed in the context of gang warfare within the prison, but the appellants, as high-ranking gang members, acted on their own volition and planned the killing with deliberation. Their extensive criminal records and the brutality of the offence indicated that they were hardened criminals beyond redemption, posing a threat to society and fellow prisoners. The aggravating factors far outweighed any mitigating circu…
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S v Naidoo (570/93) [1994] ZASCA 89 (30 May 1994)
Appeal against a murder conviction was dismissed. The court found the appellant had deliberately killed his wife and daughter, but postponed sentence review pending a constitutional ruling.
S v Nogqala (19/93) [1994] ZASCA 90 (30 May 1994)
The court postponed a murder appeal against a death sentence pending a Constitutional Court ruling on whether the sentence was constitutional.
S v Mahala and Another (464/92, 465/92) [1994] ZASCA 48; [1994] 4 All SA 198 (A) (29 March 1994)
The Supreme Court of Appeal found that the appellants were not unlawfully arrested or abducted from the Ciskei. Accused 2 voluntarily accompanied the South African police from the Ciskei to Stutterheim, where he was lawfully arrested. Accused 1 was lawfully arrested by the Ciskeian Police, detained, and then voluntarily agreed to return to South Africa after being informed of the charges and given a choice between return or extradition. There was no violation of the sovereignty of the Ciskei, no infringement of fundamental human rights, and no breach of South African law. The facts were clear…
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S v Latha and Another (154/93, 381/93) [1994] ZASCA 26 (24 March 1994)
Appeal in a murder, rape and robbery case: confessions and a pointing out were admitted, common-purpose murder was upheld, and the death sentence for murder stood.
S v Baloyi (400/93) [1994] ZASCA 16 (21 March 1994)
The Supreme Court of Appeal found that the appellant deliberately set fire to the hut with the intention of killing the deceased, knowing that young children lived with her and would likely die as a result. The appellant's evidence was rejected as false and inconsistent. The court identified mitigating factors, including the appellant's youth, clean record, and good work record, but found that the aggravating factors—premeditation, direct intent, brutality, disregard for the lives of children, and motive of greed or vengeance—far outweighed the mitigating ones. The court held that the death s…
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