Recent Case: General principles of liability

• Jurisdiction: South Africa
• Author: Managay Reddi
• Pages: 75-78
• Citation: (2007) 20 SACJ 75
• Date: 24 May 2019
• Published date: 24 May 2019

Recent Cases

General principles of liability

MANAGAY REDDI

University of KwaZulu-Natal

Common purpose

S v Mbambo 2006 (2) SACR 563 (SCA) concerned an appeal against the

convictions and sentences imposed on the appellants on charges of mur-

der, robbery with aggravating circumstances, unlawful possession of a

weapon and ammunition and, escaping from lawful custody. The three

appellants, who had been appearing in a criminal trial, were being taken

back to the court’s holding cells by the court orderly when they over-

powered him after he had opened the cell gate, seized his firearm and

fatally shot him. Appellant one, who had been walking immediately

behind the orderly, had grabbed him around the neck with one arm

whilst his other arm was around the orderly’s waist. Concurrently, appel-

lant two reached down and pulled at the orderly’s legs causing him to

lose his balance and fall. At one fell swoop, appellant three dispossessed

the orderly of the firearm that had been in his holster and cocked the

gun. Whilst the orderly tried to free himself from the clutches of appel-

lants one and two, appellant one said ‘skiet’ whereupon appellant three

shot the orderly. All three appellants then hastily left the scene of the

crime but were separated in the process. They were all later appre-

hended. The only witness to the incident, other than the appellants, was

another awaiting-trial prisoner who had been in the cell at the time.

The trial court found that the three appellants had shared a common

purpose to escape from lawful custody, rob the orderly of his firearm

and then kill him. Accordingly, all three appellants were convicted for

the murder of the orderly, robbery and escaping from lawful custody.

Appellant three was also convicted of the unlawful possession of the

orderly’s firearm and ammunition. All the appellants had received an

effective sentence of life imprisonment.

On appeal, the version of events accepted by the court was the fol-

lowing: All three appellants had devised a prior plan to escape from cus-

tody. The appeal court found that it was highly probable that the

75

(2007) 20 SACJ 75

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