12 Questions
What were the two accused convicted of?
Four counts of murder, one count of attempted murder, and one count of robbery with aggravating circumstances.
What was the sentence imposed on the two accused for the counts of murder?
Death penalty on each count of murder.
Which court did the accused appeal to against their convictions and sentences?
The Appellate Division of the Supreme Court.
Which provision of the Criminal Procedure Act prescribed the death penalty for murder?
Section 277(1)(a) of the Criminal Procedure Act No. 51 of 1977.
What did the Appellate Division conclude about the circumstances of the murders?
The accused should receive the heaviest sentence permissible by law.
What constitutional issues were raised by the accused in relation to the death penalty?
Conflict with the provisions of sections 9 and 11(2) of the Constitution.
What were the two main issues raised in the case?
The constitutionality of section 277(1)(a) of the Criminal Procedure Act and the implications of section 241(8) of the Constitution.
Was there a formal reference of the issues to the Court in terms of section 102(6) of the Constitution?
No, there was no formal reference.
Did the trial conclude before or after the 1993 Constitution came into force?
The trial was concluded before the 1993 Constitution came into force.
Why did the court ask counsel to consider whether evidence would be relevant to the determination of the constitutional question?
Because evidence that might be relevant to the issue of constitutionality of the death sentence would not have been led during the trial.
Was there specific material pointed out by counsel that had not already been presented to the Court?
No, apart from public opinion issues, counsel could not point to specific material not already presented.
Why did the Court decide not to refer the case back for the hearing of further evidence?
The Court decided that no good purpose would be served by referring the case back and that they should deal with the matter based on the information and arguments already presented.
Learn about the case where two accused individuals were convicted of multiple charges and sentenced to death. Discover the legal proceedings they went through, including appeals to the Appellate Division of the Supreme Court.
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