Mudau v The State

The appellants were convicted in the Limpopo Local Division of the High Court of murder, assault with intent to do grievous bodily harm, and robbery with aggravating circumstances arising from an incident in which two unknown assailants entered a shack, shot and killed Mr Robert Mandiwana, robbed and stabbed Mr Raymond Lishivha. Neither eyewitness could identify the assailants. The State relied solely on confessions allegedly made by the appellants. The appellants challenged the admissibility of these confessions, alleging they were not made freely and voluntarily, that they were unduly influenced, and that statutory and constitutional safeguards were not complied with during their recording.

The appeal against the convictions was upheld. The convictions for murder, assault with intent to commit grievous bodily harm, and robbery with aggravating circumstances were set aside. The appellants were found not guilty and discharged on all charges.

The case reinforces strict compliance with statutory and constitutional requirements governing confessions in South African criminal procedure. It underscores the State’s onus to prove admissibility, the prohibition on using a confession against co-accused, and the centrality of the constitutional right to a fair trial. The judgment serves as an important warning against procedural shortcuts and judicial bias in trials within a trial.