- S v Radebe and Others 2019 (1) SACR 565 (FB)
On 13 June 2012, four accused persons (hereinafter referred to as “appellants”), were convicted by a single judge of the High Court in Bloemfontein (“the trial court”) of the following offences namely, count 1: housebreaking with intent to murder and murder; and count 5: public violence*.
Apart from this, appellants 1, 2 and 4 were further also convicted of count 2: kidnapping; and counts 3 and 4: assault with intent to cause grievous bodily harm.
All four appellants were sentenced to separate sentences in respect of the different counts. However, the majority of the “separate sentences” were directed to run concurrently which resulted in appellants 1, 2 and 4 being sentenced to an effective 30 years’ incarceration, and appellant 3 to an effective 20 years’ incarceration.
Aggrieved by this outcome, all four appellants appealed to a full bench of three judges of this same High Court in Bloemfontein (“the court of appeal”) against the sentences on all counts, as well as their respective convictions on count 4 (assault with intent to cause grievous bodily harm).
Appeal before the High Court in Bloemfontein
The matter under discussion is about what is ordinarily referred to as “mob justice”, meaning “law, enforced by a mob”.