Burger and Others v S (236/09) [2010] ZASCA 12

12th March 2010

SUMMARY: Circumstantial evidence ─ insufficient to sustain conviction on a charge of murder ─ kidnapping conviction not warranted ─ undesirable interrogation methods discussed ─ blurring of lines between official and private investigations criticised ─ police officials acting in two capacities unacceptable.

ORDER

On appeal from: High Court, Pretoria (Makhafola AJ sitting as court of first instance).

1. The appeal against both convictions is upheld and the convictions and related sentences are set aside.

2. The cross-appeal against sentence is dismissed.