Nkosi v The State

The appellant was convicted in the North Gauteng High Court on two counts of murder and one count of housebreaking with intent to commit robbery with aggravating circumstances, and sentenced in 1998 to an effective 60 years’ imprisonment. His appeal to the High Court was dismissed, after which he obtained leave to appeal to the Supreme Court of Appeal (SCA). At the hearing of the appeal, the SCA initially formed the view that the convictions and sentences should be interfered with and granted an order substantially reducing the convictions and sentences and directing his immediate release. It was later brought to the court’s attention that the appellant had died in November 2012, before the appeal was heard.

The order granted on 15 March 2013 was recalled, and the appeal was struck off the roll.

The case reaffirms the principle in South African criminal procedure that criminal proceedings, including appeals, lapse upon the death of the accused or appellant. It underscores the jurisdictional limitation of appellate courts and the importance of an accused being alive for criminal liability and punishment to be adjudicated.