High Court of South Africa South Gauteng, Johannesburg - 2011

3 judgments
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3 judgments
Citation
Judgment date
December 2011
Reported
7 December 2011
September 2011
Reported
The applicant cannot be extradited or deported to face a real risk of the death penalty absent a written assurance against execution.
Constitutional law – extradition/deportation – right to life and prohibition of cruel, inhuman or degrading treatment – S v Makwanyane and Mohamed require written assurance that death penalty will not be imposed or carried out before removal; deportation cannot circumvent this obligation; international law cannot justify conduct inconsistent with the Constitution.
22 September 2011
April 2011
Identification parade and pointing‑out evidence held admissible; forensic links and totality of evidence sustain convictions and sentences.
Criminal law – identification parade – procedural fairness and conduct – identification admissible; Criminal procedure – pointing‑out (paintings‑out) – voluntariness – no threats/assaults proved – evidence admissible; Forensic ballistics – linking recovered firearms to spent cartridges at scene; Section 204 indemnity – cooperating witness discharged; Minimum Sentences Act – murder and robbery with aggravating circumstances – life and prescribed minimums applied.
29 April 2011