Khanye and Another v The State

The applicants, Samuel Sampie Khanye and Victor Zandile Moyo, together with five co-accused, were convicted in the North West High Court on charges of murder of a police officer, robbery with aggravating circumstances, and unlawful possession of firearms and ammunition. The convictions were based on the doctrine of common purpose and relied heavily on extra-curial statements made by co-accused after arrest. The deceased, Warrant Officer Dingaan Makuna, was shot and killed at his home in Mothutlung on 3 August 2002 during an armed robbery in which his service pistol was stolen. Khanye was implicated mainly through pointings-out and statements by co-accused, while the only evidence against Moyo consisted entirely of extra-curial statements by co-accused. Both applicants denied involvement and alleged that their statements or pointings-out were made under duress. After unsuccessful appeals to the Full Bench and the Supreme Court of Appeal, they sought leave to appeal to the Constitutional Court.

Leave to appeal was granted; the appeal was upheld; the convictions and sentences of both applicants on all counts were set aside; and the applicants were ordered to be released from prison immediately.

The case reinforces and applies the Constitutional Court’s jurisprudence on the inadmissibility of extra-curial admissions or confessions against co-accused, restoring the strict common-law position and limiting reliance on such evidence in criminal trials. It underscores constitutional fair-trial rights and has significant implications for prosecutions based on common purpose where the State relies primarily on statements by co-accused.