South Africa Case Law

S v Biyela (CCD16/2020)

S v Biyela (CCD16/2020) [2021] ZAKZPHC 54 (18 June 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

CCD16/2020

Judges

Lopes, S Milozewski

The court found that Mr Biyela and Mr Nkosi planned and executed the robbery and murder of Mr Mzobe together, acting with common purpose. The defence of compulsion raised by Mr Biyela was rejected as contrived and unsupported by the evidence. The court held that Mr Biyela had ample opportunity to avoid participation or report the matter, and there was no credible evidence of threats or coercion prior to the killing. The confession and pointing-out evidence were admitted, as the allegations of assault and intimidation by police were found to be improbable and unsupported by medical and witness…

Source excerpt

• Murder
• Robbery With Aggravating Circumstances
• Common Purpose
• Defence Of Compulsion
• Admissibility Of Confession
• Criminal Procedure

Langa v S (CA&R2/2019; CC24/2016)

Langa v S (CA&R2/2019; CC24/2016) [2020] ZAECGHC 20 (3 March 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R2/2019; CC24/2016

Judges

S M Mbenenge, B M Pakati, G H Bloem

High Court criminal appeal over rape convictions dismissed. The court rejected a compulsion defence, upheld the trial’s fairness, and corrected but discounted a judicial-notice error.

• Rape
• Defence Of Compulsion
• Intention
• Judicial Notice
• Effective Legal Representation
• Defence-of-compulsion