Zenzo Ndlovu and Mpilo Moyo v Samukelisiwe Gumbo N.O and The State

Key Issues

• {"issue_text":"Whether the trial magistrate properly explained the meaning of \"special circumstances\" and satisfied herself that the applicants understood","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants remained reticent when asked about understanding; magistrate gave an example instead of proper explanation"}
• {"issue_text":"Whether the trial magistrate erred in not affording the State a chance to respond to the applicants' submissions on special circumstances","issue_type":"procedural","dispositive":"yes","related_facts":"Prosecution was not invited to address the court on special circumstances"}
• {"issue_text":"Whether the trial magistrate erred in omitting to give a ruling on the existence or non-existence of special circumstances before proceeding to record mitigation","issue_type":"procedural","dispositive":"yes","related_facts":"Court proceeded to sentence without pronouncing on whether special circumstances existed"}

Background