Gule and Others v S (CA&R25/2017) [2019] ZAECBHC 14 (31 January 2019)

Gule and Others v S (CA&R25/2017) [2019] ZAECBHC 14 (31 January 2019)

The court found that the trial court erred in admitting statements made by the first, second, and fifth appellants, as there was compelling evidence of police assault and coercion, rendering those statements inadmissible. With those statements excluded, the State's case relied primarily on the eyewitness testimony of Mtutuzeli Ngqakayi and his son, Siyabulela, both of whom had longstanding familiarity with the appellants and ample opportunity to observe them during the incident. The court held that their identification of the second, third, and fourth appellants was reliable and not subject to mistaken identity. The versions presented by the appellants were found to be contrived and...

Citation
[2019] ZAECBHC 14
Parties
Appellant: Thozamile Gule; Appellant: Rose Ntuthalo Sokopo; Appellant: Oraba Qele; Appellant: Anele Yawa; Appellant: Uhuru Qele; Respondent: The State
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
31 January 2019
Case Number
CA&R25/2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeal against conviction by the second, third, and fourth appellants is dismissed. The appeal against sentence by the first, second, third, and fourth appellants is upheld. The fifth appellant's appeal against conviction and sentence is upheld.
Judges
H. S. Toni, J. E. Smith, M. J. Lowe
Legal Topics
Murder, Attempted Murder, Unlawful Possession of Firearms, Unlawful Possession of Ammunition, Admissibility of Confessions, Sentencing Principles
Criminal Law Murder Attempted Murder Unlawful Possession of Firearms Unlawful Possession of Ammunition Admissibility of Confessions Sentencing Principles

Case Brief

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Parties

Thozamile Gule

Appellant

Rose Ntuthalo Sokopo

Appellant

Oraba Qele

Appellant

Anele Yawa

Appellant

Uhuru Qele

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions of the second, third, and fourth appellants for murder, attempted murder, and unlawful possession of firearms and ammunition were justified.
  2. 2 Whether the trial court erred in admitting statements made by the first, second, and fifth appellants as evidence.
  3. 3 Whether the sentences imposed were shockingly severe and justified interference on appeal.

Ratio Decidendi

The court found that the trial court erred in admitting statements made by the first, second, and fifth appellants, as there was compelling evidence of police assault and coercion, rendering those statements inadmissible. With those statements excluded, the State's case relied primarily on the eyewitness testimony of Mtutuzeli Ngqakayi and his son, Siyabulela, both of whom had longstanding familiarity with the appellants and ample opportunity to observe them during the incident. The court held that their identification of the second, third, and fourth appellants was reliable and not subject to mistaken identity. The versions presented by the appellants were found to be contrived and...

Court Disposition

The appeal against conviction by the second, third, and fourth appellants is dismissed. The appeal against sentence by the first, second, third, and fourth appellants is upheld. The fifth appellant's appeal against conviction and sentence is upheld.

Orders

  • The fifth appellant's appeal against conviction is upheld; his convictions and sentences are set aside.
  • The appeal against conviction by the second, third, and fourth appellants is dismissed.