Mathekga And Another v S (717/2019) [2020] ZASCA 77 (30 June 2020)

Criminal law and procedure – murder – intent to kill – dolus
directus – whether present – onus to prove the protection of s 49(2) of the Criminal Procedure Act 51 of 1977 (the CPA) – whether appellants’ objectively and/or subjectively believed their actions to be justified by s 49(of the CPA – Sentence – whether appellants ought to have known that the deceased was a police officer, for sentencing to be brought within the purview of s 51(1) of the Criminal Law Amendment Act 105 of 1997 – whether 15 years’ imprisonment appropriate.