The Appellate Division upheld Harold Abel Mazala’s conviction for possessing a hand-grenade under the Terrorism Act, finding the State witnesses credible and the grenade evidence intact.
S v Gaba (13/84) [1985] ZASCA 77; [1985] 2 All SA 575 (A) (12 September 1985)
Court
Supreme Court of Appeal
Case number
13/84
Judges
Rabie, Jansen, Viljoen, Hoexter, Hefer
The court held that the appellant's residence in Mndantsane, then within the Republic of South Africa, was sufficiently permanent to establish the requisite allegiance for high treason. The subsequent independence of Ciskei was irrelevant to the period in question. The confession was found to have been made freely and voluntarily, with the trial judge correctly assessing credibility and probabilities, supported by medical evidence. Although the trial judge prematurely admitted the contents of the confession before determining its voluntariness, this irregularity did not result in actual preju…