Hadebe v S (CC3/09) [2009] ZAKZDHC 31 (12 August 2009)

Hadebe v S (CC3/09) [2009] ZAKZDHC 31 (12 August 2009)

The court found the accused's version of a struggle over the firearm to be improbable and inconsistent with objective evidence, particularly the expert testimony of the pathologist and ballistics expert. Eyewitnesses consistently testified that the accused produced the firearm and fired two shots at the deceased from a distance, with no struggle observed. The expert evidence confirmed that the fatal wound could not have been self-inflicted by the deceased and that the mechanics of the firearm made the accused's version impossible. The accused failed to rebut the presumption of unlawful possession under section 250(1) of the Criminal Procedure Act. The State's version was accepted as true,...

Citation
[2009] ZAKZDHC 31
Parties
Accused: Welcome Mbongeni Hadebe; Respondent: State
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
12 August 2009
Case Number
CC 3/09
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused, Welcome Mbongeni Hadebe, is found guilty as charged on all three counts: murder, unlawful possession of a firearm, and unlawful possession of ammunition.
Judges
Kooverjee
Legal Topics
Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Reverse Onus Presumption, Criminal Procedure Act, Expert Evidence
Criminal Law Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Reverse Onus Presumption Criminal Procedure Act Expert Evidence

Case Brief

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Parties

Welcome Mbongeni Hadebe

Accused

State

Respondent

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused, Welcome Mbongeni Hadebe, unlawfully and intentionally killed the deceased, Sipha Mandla Rasta Eric Mhlongo.
  2. 2 Whether the accused was in unlawful possession of a firearm and ammunition on 26 December 2008.
  3. 3 Whether the accused's version of a struggle over the firearm is reasonably possibly true.

Ratio Decidendi

The court found the accused's version of a struggle over the firearm to be improbable and inconsistent with objective evidence, particularly the expert testimony of the pathologist and ballistics expert. Eyewitnesses consistently testified that the accused produced the firearm and fired two shots at the deceased from a distance, with no struggle observed. The expert evidence confirmed that the fatal wound could not have been self-inflicted by the deceased and that the mechanics of the firearm made the accused's version impossible. The accused failed to rebut the presumption of unlawful possession under section 250(1) of the Criminal Procedure Act. The State's version was accepted as true,...

Court Disposition

The accused, Welcome Mbongeni Hadebe, is found guilty as charged on all three counts: murder, unlawful possession of a firearm, and unlawful possession of ammunition.

Orders

  • The accused is convicted of murder (count 1).
  • The accused is convicted of unlawful possession of a firearm (count 2).