Dladla v S (SS274/2004) [2018] ZAGPJHC 564 (13 September 2018)

Dladla v S (SS274/2004) [2018] ZAGPJHC 564 (13 September 2018)

The court found that the new and further evidence, including the affidavits allegedly made by Tshepo Sipho Mokwana, were not authored by him and were inadmissible. The accused failed to testify or call witnesses to support his version, and the evidence of independent witnesses, including Mandlopa, Mbatha, Metro Police officers, and Captain Hlungwani, was accepted as reliable and corroborative of the State's case. The accused's version was found to be false beyond reasonable doubt and not reasonably possibly true. The court held that the accused acted in common purpose with others in the commission of the crimes, including robbery with aggravating circumstances, murder, and unlawful...

Citation
[2018] ZAGPJHC 564
Parties
Applicant: Sebastian Jolie Dladla; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 September 2018
Case Number
SS274/2004
Procedural Posture
Criminal Trial With Further Evidence / Second Trial After Conviction and Sentence Set Aside; Hearing of New and Further Evidence as Directed by Supreme Court of Appeal and Full Court
Outcome
The accused is convicted as charged on all counts.
Judges
MW Msimeki
Legal Topics
Admission of Further Evidence, Common Purpose, Murder, Robbery With Aggravating Circumstances, Unlawful Possession of Firearm, Unlawful Possession of Ammunition
Criminal Law Admission of Further Evidence Common Purpose Murder Robbery With Aggravating Circumstances Unlawful Possession of Firearm Unlawful Possession of Ammunition

Case Brief

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Parties

Sebastian Jolie Dladla

Applicant

The State

Respondent

Procedural Posture

Criminal Trial With Further Evidence / Second Trial After Conviction and Sentence Set Aside; Hearing of New and Further Evidence as Directed by Supreme Court of Appeal and Full Court

Legal Issues

  1. 1 Whether the new and further evidence, including affidavits allegedly made by Tshepo Sipho Mokwana, should be admitted and accepted as true.
  2. 2 Whether the accused's conviction and sentence should stand in light of the new evidence.
  3. 3 Whether the accused acted in common purpose with others in the commission of the crimes.

Ratio Decidendi

The court found that the new and further evidence, including the affidavits allegedly made by Tshepo Sipho Mokwana, were not authored by him and were inadmissible. The accused failed to testify or call witnesses to support his version, and the evidence of independent witnesses, including Mandlopa, Mbatha, Metro Police officers, and Captain Hlungwani, was accepted as reliable and corroborative of the State's case. The accused's version was found to be false beyond reasonable doubt and not reasonably possibly true. The court held that the accused acted in common purpose with others in the commission of the crimes, including robbery with aggravating circumstances, murder, and unlawful...

Court Disposition

The accused is convicted as charged on all counts.

Orders

  • The conviction and sentence of the accused are confirmed.
  • The application to admit hearsay evidence is refused.