S v Rammutla

• Jurisdiction: South Africa
• Judge: Galgut AJA
• Judgment Date: 04 September 1991
• Counsel: J H Pistor for the appellant L Els for the State
• Hearing Date: 10 June 1991
• Court: Bophuthatswana Appellate Division

Galgut AJA:

Appellant was found guilty, by a Judge and two assessors, of H murder. No extenuating circumstances were found and he was sentenced to death. The appeal is against the finding that there were no extenuating circumstances and the consequent sentence of death.

At the trial, the appellant denied that he had delivered the blow which caused the death of his girlfriend, Mantwa Rachel Moatshe. I will refer to her as the deceased. The trial Court correctly rejected that denial.

I It is necessary to set out the relevant facts in order to seek to establish the appellant's state of mind at the time of the murder.

There had been a love-relationship between appellant and the deceased. They had lived together for more than a year. The murder took place on 13 February 1988. About a week before that date, deceased took all her belongings and went to live at the home of her two aunts, to whom I will refer as Tabea and Monica respectively. Monica was ill and in bed on the J morning of 13 February. She said

Galgut AJA

A that appellant came to the house looking for the deceased; that she was not there; that appellant left, saying he would return. I will refer to Monica's further evidence later.

Tabea testified that she and two male friends, David and Joseph, came to the house shortly before midday; that they were sitting in the lounge talking; that the deceased was in the kitchen; that appellant arrived, B walked past them without greeting them, and went to the kitchen; that she followed him; that she saw appellant slap the deceased with his flat hand and hit her with his clenched fist; that she, Tabea, called to David to come and help; that he came into the kitchen; that he and appellant fought first in the kitchen and thereafter in the yard; that she and deceased then went to Monica's bedroom; that deceased then drew her attention to the fact that David was striking appellant with a panga; that she then C went next door to phone for the police; that she left deceased in the bedroom with Monica.

Monica testified that appellant came back at about midday; that she was still in bed; that she did not see the appellant hit the deceased; that she did not see the fighting but heard it going on outside; that Tabea and deceased entered the bedroom; that Tabea left to phone the police; that appellant came into the bedroom; that he was bleeding; that the deceased D was hiding in the bedroom; that appellant proceeded to open a drawer; that he took some bead-work and a watch which he had apparently given to deceased, and which deceased had brought when she had come back to the house.

Monica's evidence is a little confused. It does, however, appear that the deceased was then still hiding in the bedroom. Monica went on to say that appellant was angry and went and stood in the passage ('gang'); that E the deceased, thinking that appellant had left, came out from hiding; that appellant saw her; that he said to her 'laat ons gaan'; that deceased answered that she could not do so as he, appellant, was bleeding profusely; that she would wash the blood off appellant.

I pause to say that it is clear from the evidence that appellant was bleeding from wounds sustained during the fighting - as to which, more F later.

Monica's evidence is further that deceased, after she had said that she could not go...