Judicial Precedent

Burger v The State

CitationNot available from the media summary; the official South African Law Reports (SA) citation is not provided in the text.

JurisdictionZA

Area of Law

Criminal LawCriminal ProcedureLaw of EvidenceConstitutional Law

Facts of the Case

In May 2000 three policemen collected Mr Sandy Botomane from his home in Atteridgeville, informing him that they wished to question him about a theft at Putco. He accompanied them and later assisted them in attempting to trace another suspect, allegedly volunteering to do so. In the early hours of 23 May 2000 he fled while in Sebokeng. Approximately 26 hours after he was taken from his home, Mr Botomane’s body was discovered on the N1 near Vanderbijlpark, in circumstances resembling a fatal hit-and-run accident. The Pretoria High Court convicted the policemen of murder and kidnapping, finding that they had deceived the deceased into accompanying them and were responsible for his death.

Judicial Outcome

The appeal was upheld. The convictions for murder and kidnapping, together with the sentences of life imprisonment, were set aside.

Legal Significance

The case reaffirms the strict approach required in evaluating circumstantial evidence in criminal trials and underscores the high standard of proof resting on the state. It also highlights judicial concern over unconstitutional policing methods and the improper blurring of lines between police and private investigations.