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South Africa decisions
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Mpumelelo and Another v S (A47/201; SS96/20019) [2019] ZAGPJHC 310 (22 August 2019)
The High Court upheld the appeal, set aside the convictions, and held that identification, pointing-out, and confession evidence were unreliable or inadmissible.
Zide v S (49B/06) [2018] ZAECMHC 17 (22 March 2018)
Leave to appeal was refused because the appellant failed to show realistic prospects of success on the confession and firearm-related grounds.
Mahlati and Another v S (A744/15) [2017] ZAGPPHC 113 (30 March 2017)
The appeal succeeded because the trial court materially misdirected itself in its factual findings and evaluation of evidence. The first appellant's conduct did not amount to accomplice liability, as there was no proof of intention to assist or further the commission of the offences. The circumstantial evidence did not exclude all reasonable inferences except guilt. For the second appellant, the trial court erred in admitting and relying on extra-curial statements and pointing out evidence, both of which were inadmissible due to constitutional and statutory requirements. Without these, the St…
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Mabaso v S (200/2015) [2016] ZASCA 29; 2016 (1) SACR 617 (SCA) (23 March 2016)
The Supreme Court of Appeal found that the appellant's constitutional right to legal representation was flagrantly disregarded during the pointing-out procedure. The police failed to allow the appellant to consult his sister-in-law, a police officer, for legal advice before the pointing-out, despite his explicit request. The pointing-out was conducted in circumstances where the appellant was denied legal assistance, and the confession was elicited by the police officer in a manner amounting to a confession in the guise of a pointing-out. Furthermore, the handwritten notes of the pointing-out…
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S V Kototsi and Others (103/03) [2003] ZANWHC 34 (11 July 2003)
The conviction of accused 3 was based solely on a pointing out made under threat and assault, which was not in accordance with Section 218 of the Criminal Procedure Act and was not made freely and voluntarily. The Magistrate conceded that there was no other evidence connecting the accused to the commission of the offence. South African law requires that evidence of a pointing out must be voluntary and free from coercion to be admissible. The absence of any other evidence means the conviction cannot stand. The delay in the review process resulted in the accused serving a sentence that should n…
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Ex parte: Minister of Justice; In Re: S v Mamkeli (460/92) [1992] ZASCA 217; [1993] 4 All SA 213 (AD) (27 November 1992)
The court set aside Mabuti Mamkeli’s murder conviction and death sentence, finding the police evidence of a self-incriminating pointing out unreliable and insufficient.
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