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Chidi v Minister of Justice (402/91) [1992] ZASCA 77; 1992 (4) SA 110 (AD); (22 May 1992)
The court held that amended s 323 of the Criminal Procedure Act did not apply to a finalized death-sentence case after commutation, and refused condonation.
S v Cotton (462/91) [1992] ZASCA 20; [1992] 2 All SA 45 (A) (12 March 1992)
The Appellate Division set aside a death sentence for murder and substituted life imprisonment, holding that the appellant’s youth and immaturity were substantial mitigating factors.
S v Nofomela (161/91) [1991] ZASCA 180; 1992 (1) SA 740 (AD); (28 November 1991)
The court held that the requirements for admitting further evidence on appeal, as set out in S v de Jager and section 316(3) of the Criminal Procedure Act, must guide applications under section 19(12)(b)(iii) of the Criminal Law Amendment Act. The appellant failed to satisfy these requirements: there was no reasonable possibility that the evidence of provocation and psychological desensitization would have been presented at trial if the new test had applied, given his persistent denial of guilt and lack of credible explanation for withholding the evidence. The proposed evidence was not likely…
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