Van der Westhuizen v The State

On 28 July 2006 the appellant shot and killed his three minor children at his home. Following his arrest, he was charged with three counts of murder. During the pre-trial phase, plea negotiations in terms of s 105A of the Criminal Procedure Act 51 of 1977 took place but no agreement was reached. During the trial in the Western Cape High Court, various expert witnesses testified regarding the appellant’s mental state. The appellant formally made admissions in terms of s 220 of the Criminal Procedure Act. He was convicted on all three counts of murder and sentenced to 14 years’ imprisonment on each count, with partial concurrency resulting in an effective sentence of 24 years’ imprisonment. He appealed to the Supreme Court of Appeal against both conviction and sentence, primarily alleging that he did not receive a fair trial and that the admissions should not have been treated as binding.

The appeal against both conviction and sentence was dismissed.

The case is significant for its authoritative clarification of the meaning of prosecutorial impartiality in South African criminal procedure, confirming that prosecutors may prosecute firmly within an adversarial system while remaining fair. It also affirms that accused persons may waive statutory protections relating to plea negotiations and clarifies the binding nature of formal admissions under s 220 of the Criminal Procedure Act. The judgment further provides guidance on sentencing principles where diminished responsibility is raised.