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Mchunu and Another v S (AR39/2022) [2024] ZAKZPHC 92; 2025 (1) SACR 257 (KZP) (11 October 2024)
The High Court set aside two murder and robbery convictions after finding the appellants’ confessions were inadmissible and the trial court failed to assess the evidence properly.
S v Mini and Others (B325/2013) [2015] ZAWCHC 49 (30 April 2015)
The court found that the admissions and confessions made by accused Nos 1 to 4 were not proved to be voluntary beyond reasonable doubt, given the undisputed assaults by security officers and the lack of proper inquiry into the timing of those assaults relative to the statements. The evidence obtained through coercion, including derivative confessions and identifications, was inadmissible. At the close of the State's case, there was no admissible evidence against accused Nos 1, 3, and 5, and they should have been discharged. The convictions and sentences of these accused were set aside. The co…
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