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S v Thebus information


S v Thebus
CourtConstitutional Court of South Africa
Full case nameAbduraghman Thebus and Another v the State
Decided28 August 2003
Citation(s)[2003] ZACC 12; 2003 (6) SA 505 (CC); 2003 (10) BCLR 1100 (CC)
Case history
Prior action(s)Supreme Court of Appeal – S v Thebus [2002] ZASCA 89
High Court of South Africa, Cape Division – S v Thebus (SS77/2000, unreported)
Court membership
Judges sittingChaskalson CJ, Langa DCJ, Ackermann, Goldstone, Madala, Mokgoro, Moseneke, O'Regan and Yacoob JJ
Case opinions
The doctrine of common purpose is compatible with the Constitution. (Unanimous.) It is permissible to draw an adverse inference from an accused person's failure to disclose an alibi timeously. (4:4.)
Decision byMoseneke J (Chaskalson and Madala concurring)
Concur/dissent
  • Goldstone and O'Regan JJ (Ackermann and Mokgoro concurring)
  • Yacoob J
  • Ngcobo J (Langa concurring)

S v Thebus and Another is a 2003 decision of the Constitutional Court of South Africa in the area of criminal law and criminal procedure. The court unanimously affirmed that the doctrine of common purpose was compatible with the Constitution, upholding two murder convictions on that basis. However, the court was also called to determine whether it is compatible with the constitutional right to silence for courts to draw an adverse inference from a criminal defendant's failure to disclose an alibi before trial. On that further question, the court was divided.

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