S v Mlonyeni

S v Mlonyeni, an important case in South African criminal procedure, was an appeal against the convictions of the appellants on two charges of murder in connection with traditional witch-craft practices and the modern method of 'necklace' killings. The court held that the provisions of s144(3)(a)(i) of the CPA are explicitly to the effect that the State is not bound by the contents of the summary of substantial facts. There is, therefore, no obligation on the State to seek an amendment to its summary, whether before or after it leads evidence which may be in conflict therewith.

S v Mlonyeni

S v Mlonyeni, an important case in South African criminal procedure, was an appeal against the convictions of the appellants on two charges of murder in connection with traditional witch-craft practices and the modern method of 'necklace' killings. The court held that the provisions of s144(3)(a)(i) of the CPA are explicitly to the effect that the State is not bound by the contents of the summary of substantial facts. There is, therefore, no obligation on the State to seek an amendment to its summary, whether before or after it leads evidence which may be in conflict therewith.