CORAM: CORBETT CJ et SMALBERGER, VIVIER, EKSTEEN JJA et FRIEDMAN AJA. HEARD: 3 NOVEMBER 1989. JUDGMENT DELIVERED: 3 NOVEMBER 1989. REASONS FILED: 20 November 1989. REASONS FOR JUDGMENT. 2/... 2. FRIEDMAN AJA: On 3 November 1989 the appellants' appeals were upheld and their convictions and sentences set aside. The Court indicated that its reasons would follow. These are the reasons. The two appellants were charged together with three co-accused in the Queenstown Circuit Court of the Eastern Cape Division, with the murder of one Maqanda Gxalaba ("the deceased"). For convenience I shall refer to the appellants as they were described in the Court a quo viz as accused Nos 1 and 2 respectively, and similarly to their co-accused as accused Nos 3, 4 and 5 respectively. Despite their pleas of not guilty, all the accused were found guilty 3/... 3. by the a quo (SOLOMON AJ and assessors). In the case of accused Nos 1 and 2 no extenuating circumstances were found and they were accordingly sentenced to death. In the case of the remaining accused, sentences of imprisonment were imposed. Leave having been granted by the trial court accused Nos 1 and 2 appealed to this Court against their convictions and sentences.. They thereafter made an application to the Eastern Cape Division for two special entries to be
CORAM: CORBETT CJ et SMALBERGER, VIVIER, EKSTEEN JJA et FRIEDMAN AJA. HEARD: 3 NOVEMBER 1989. JUDGMENT DELIVERED: 3 NOVEMBER 1989. REASONS FILED: 20 November 1989. REASONS FOR JUDGMENT. 2/... 2. FRIEDMAN AJA: On 3 November 1989 the appellants' appeals were upheld and their convictions and sentences set aside. The Court indicated that its reasons would follow. These are the reasons. The two appellants were charged together with three co-accused in the Queenstown Circuit Court of the Eastern Cape Division, with the murder of one Maqanda Gxalaba ("the deceased"). For convenience I shall refer to the appellants as they were described in the Court a quo viz as accused Nos 1 and 2 respectively, and similarly to their co-accused as accused Nos 3, 4 and 5 respectively. Despite their pleas of not guilty, all the accused were found guilty 3/... 3. by the a quo (SOLOMON AJ and assessors). In the case of accused Nos 1 and 2 no extenuating circumstances were found and they were accordingly sentenced to death. In the case of the remaining accused, sentences of imprisonment were imposed. Leave having been granted by the trial court accused Nos 1 and 2 appealed to this Court against their convictions and sentences.. They thereafter made an application to the Eastern Cape Division for two special entries to be