South Africa Case Law

Tsotetsi v S (A153/18)

Tsotetsi v S (A153/18) [2019] ZAWCHC 121; 2019 (2) SACR 594 (WCC) (13 September 2019)

Court

Western Cape High Court, Cape Town

Case number

A153/18

Judges

Steyn, Myburgh

The court found that the State failed to prove beyond reasonable doubt that the appellant was more than a 'joiner-in' in the mob attack that led to the deceased's death. There was no evidence of a prior agreement or mandate, nor of active association with the mob prior to the fatal injuries. The appellant's conduct, including binding the deceased and using pliers, did not causally contribute to the death. Therefore, the conviction for murder was incorrect and should be replaced with attempted murder. The court considered the appellant's personal circumstances, lack of previous convictions, an…

Source excerpt

• Common Purpose
• Attempted Murder
• Sentencing Principles
• Mens Rea
• Mob Violence

S v Malima and Others (428/93)

S v Malima and Others (428/93) [1994] ZASCA 105 (2 September 1994)

Court

Supreme Court of Appeal

Case number

428/93

Judges

Van Heerden, Vivier, Howie

Sentence appeal by four minors convicted of murder. The court upheld three sentences but reduced the second appellant’s term, finding his harsher sentence unjustified.

• Sentencing Of Minors
• Murder
• Mitigating Factors
• Mob Violence
• Criminal-law
• Sentencing

S v Matala and Others (270/92)

S v Matala and Others (270/92) [1993] ZASCA 30 (16 March 1993)

Court

Supreme Court of Appeal

Case number

270/92

Judges

E M Grosskopf, Milne, Nienaber

Appeal in a murder case from Venda: death sentences for two accused were replaced with 22 years’ imprisonment, while the third accused’s death sentence stood.

• Murder
• Extenuating Circumstances
• Death Sentence
• Mob Violence
• Sentencing Principles
• Sentencing

S v Dakuse (39/91)

S v Dakuse (39/91) [1991] ZASCA 185 (29 November 1991)

Court

Supreme Court of Appeal

Case number

39/91

Judges

Van Heerden, Eksteen, Preiss

The Supreme Court of Appeal found that the trial judge had placed undue emphasis on the aggravating circumstances and failed to give sufficient weight to the appellant's youth, the influence of alcohol, group pressure, and lack of premeditation. The appellant was only 17 years old at the time of the offence, acted as part of a mob, and did not participate in the burning of the deceased. The sentence of 13 years imprisonment, reduced to 11 years due to time spent in custody, was considered unduly severe. The Court held that a sentence of 7 years imprisonment would be more appropriate, and furt…

Source excerpt

• Murder
• Extenuating Circumstances
• Sentencing Principles
• Youth As Mitigation
• Mob Violence

S v Motaung and Others (190/88)

S v Motaung and Others (190/88) [1990] ZASCA 75; 1990 (4) SA 485 (AD); [1990] 2 All SA 485 (A) (17 August 1990)

Court

Supreme Court of Appeal

Case number

190/88

Judges

Hoexter, Smalberger, Milne, Friedman, Nienaber

The Supreme Court of Appeal held that the trial court erred in applying the doctrine of common purpose to convict all appellants of murder. The court clarified that a participant who joins a murderous assault after the victim has already sustained mortal injuries cannot be convicted of murder unless their actions causally contributed to death. The Schreiner rule, which would allow retrospective liability for murder based solely on participation while the victim is still alive, was rejected as contrary to South African criminal law principles. The court found that, except for two appellants (a…

Source excerpt

• Common Purpose
• Murder
• Attempted Murder
• Actus Reus
• Mens Rea
• Mob Violence