South Africa Case Law

S v Herrings (SS77/2017)

S v Herrings (SS77/2017) [2018] ZAWCHC 97 (16 August 2018)

Court

Western Cape High Court, Cape Town

Case number

SS77/2017

Judge

O L Rogers

The court found that the accused's version of events was implausible and contradicted by the evidence. The circumstantial evidence, witness testimony, and the accused's own admissions established his presence at the scene, his possession of the deceased's property, and his subsequent conduct. The confessions were admitted as evidence, as the court was satisfied beyond reasonable doubt that they were made voluntarily and without undue influence. Although there was a procedural irregularity regarding access to legal representation, the court held that the accused was aware of his rights and cho…

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• Murder
• Theft
• Confession Admissibility
• Right To Legal Representation
• Voluntariness Of Confession

Gama v S (127/13)

Gama v S (127/13) [2013] ZASCA 132 (27 September 2013)

Court

Supreme Court of Appeal

Case number

127/13

Judges

Malan, Theron, Majiedt, Saldulker, Van der Merwe

The Supreme Court of Appeal set aside Bongani Gama’s convictions after finding that an alleged confession was admitted without a trial within a trial.

• Admissibility Of Confession
• Trial Within A Trial
• Voluntariness Of Confession
• Doctrine Of Recent Possession
• Admissibility-of-confession
• Trial-within-a-trial

Nzama and Another v S (AR 480/2007)

Nzama and Another v S (AR 480/2007) [2009] ZAKZPHC 39 (2 April 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 480/2007

Judges

Wallis, Kruger

The High Court upheld convictions after finding the appellants' confessions were freely and voluntarily made, despite adverse police surroundings.

• Admissibility Of Confession
• Voluntariness Of Confession
• Onus Of Proof
• Common Purpose
• Housebreaking With Intent To Rob
• Robbery With Aggravating Circumstances

S v Nzama and Another (AR 480/2007)

S v Nzama and Another (AR 480/2007) [2009] ZAKZPHC 14 (2 April 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 480/2007

Judge

Wallis

Appeal against conviction and sentence dismissed after court upheld the admissibility of confessions despite concerns about the police environment.

• Admissibility Of Confession
• Voluntariness Of Confession
• Criminal Procedure Act
• Housebreaking And Robbery
• Murder
• Common Purpose

S v James and Others (86/2003_)

S v James and Others (86/2003_) [2004] ZAFSHC 22; ; (31 March 2004)

Court

Free State High Court, Bloemfontein

Case number

86/2003

Judge

Musi

A High Court trial-within-a-trial held that accused number 3’s pointing-out evidence was freely and voluntarily made and therefore admissible.

• Admissibility Of Pointing Out
• Voluntariness Of Confession
• Undue Influence
• Credibility Of Witnesses
• Criminal-law
• Evidence

S v Mlomo (581/91)

S v Mlomo (581/91) [1993] ZASCA 93; [1993] 2 All SA 484 (A) (2 June 1993)

Court

Supreme Court of Appeal

Case number

581/91

Judges

E M Grosskopf, Milne, Nicholas

The court held that the failure to inform the appellant of his right to legal representation did not render the admissions inadmissible, as there was no evidence that the appellant was unaware of his rights or that the irregularity resulted in a failure of justice. The admissions made during the preliminary proceedings were found to be voluntary and carried full evidential weight. The appellant's involvement in the murders and assault was established through his own admissions and corroborating evidence, satisfying the requirements for common purpose liability. The sentence imposed was deemed…

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• Admissibility Of Admissions
• Common Purpose
• Murder
• Assault With Intent To Do Grievous Bodily Harm
• Voluntariness Of Confession
• Right To Legal Representation

S v Morokoane (483/91)

S v Morokoane (483/91) [1992] ZASCA 171 (25 September 1992)

Court

Supreme Court of Appeal

Case number

483/91

Judges

E M Grosskopf, F H Grosskopf, Nicholas

The court dismissed Morokoane’s appeal, upholding murder convictions on circumstantial and ballistic evidence and confirming the death sentences.

• Murder
• Admissibility Of Evidence
• Death Sentence
• Pointing Outs
• Voluntariness Of Confession
• Criminal-appeal

S v Ngcamu (621/89)

S v Ngcamu (621/89) [1991] ZASCA 10 (11 March 1991)

Court

Supreme Court of Appeal

Case number

621/89

Judges

E M Grosskopf, Hoexter, Preiss

Appeal against convictions for murder, attempted serious assault, robbery with aggravating circumstances, and firearms offences. The court upheld the confession as voluntary and dismissed the appeal.

• Admissibility Of Confession
• Voluntariness Of Confession
• Identification Of Accused
• Robbery With Aggravating Circumstances
• Murder
• Admissibility-of-confession

S v Collen and Another (214/86)

S v Collen and Another (214/86) [1987] ZASCA 29 (27 March 1987)

Court

Supreme Court of Appeal

Case number

214/86

Judges

Joubert, Smalberger, Kumleben

The Supreme Court of Appeal found that the trial court erred by failing to assess the cumulative evidence regarding the voluntariness of the confessions. The court held that there was reasonable doubt as to whether the confessions of both appellants were made voluntarily, given the allegations of assault, the improbability of spontaneous confessions after years of denial, and inconsistencies between the confessions and objective facts. The court further found that, in the absence of other sufficient evidence linking the appellants to the murder, their convictions could not stand. Accordingly,…

Source excerpt

• Admissibility Of Confessions
• Voluntariness Of Confession
• Burden Of Proof
• Assault By Police
• Evidentiary Value Of Confession