Tshabalala v S; Ntuli v S
South African legal case / From Wikipedia, the free encyclopedia
Tshabalala v S; Ntuli v S is a decision of the Constitutional Court of South Africa which established that the doctrine of common purpose is applicable to the common law crime of rape. It was heard on 22 August 2019 and decided on 11 December 2019. In a unanimous decision written by Acting Justice Rammaka Mathopo, the court dismissed the appeal of applicants, who were convicted of rape in a gang rape situation without having entered into sexual contact with the victims.
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Tshabalala v S; Ntuli v S | |
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Court | Constitutional Court of South Africa |
Full case name | Tshabalala v S; Ntuli v S |
Decided | 11 December 2019 (2019-12-11) |
Docket nos. | CCT323/18;CCT69/19 |
Citation(s) | [2019] ZACC 48; 2020 (3) BCLR 307 (CC); 2020 (2) SACR 38 (CC); 2020 (5) SA 1 (CC) |
Case history | |
Appealed from | High Court of South Africa, Witwatersrand Local Division |
Court membership | |
Judges sitting | Mogoeng CJ, Froneman J, Jafta J, Khampepe J, Madlanga J, Mathopo AJ, Mhlantla J, Theron J, Victor AJ |
Case opinions | |
The doctrine of common purpose is applicable to the common law crime of rape. | |
Decision by | Mathopo AJ (unanimous) |
Concurrence | Khampepe J (Froneman, Jafta, Madlanga, Mathopo, Mhlantla, Theron, and Victor concurring) |
Concurrence | Victor AJ |
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