Mabhengu and Another v S (CA&R61/147) [2016] ZAECMHC 19 (28 April 2016)

Mabhengu and Another v S (CA&R61/147) [2016] ZAECMHC 19 (28 April 2016)

The court found that the evidence of the two state witnesses was credible and corroborated in all material respects. Both witnesses knew the appellants and their co-accused well and testified to the sequence of events leading to the stabbing of the deceased. Although neither could identify which member of the appellants' group inflicted the fatal wound, the circumstances established that only the two groups were present, and the appellants' group approached and attacked the deceased. The inference that the deceased was killed by one of the appellants' group was compelling and ineluctable. The appellants' version, which sought to implicate Sigwili alone and deny their involvement, was...

Citation
[2016] ZAECMHC 19
Parties
Appellant: Sibongiseni Mabhengu; Appellant: Sinethemba Mabhengu; Respondent: The State
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
28 April 2016
Case Number
CA&R61/147
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed. Convictions and sentences upheld.
Judges
J.E Smith, Z Nhlangulela
Legal Topics
Murder, Common Purpose, Identification, Credibility of Witnesses
Criminal Law Murder Common Purpose Identification Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Sibongiseni Mabhengu

Appellant

Sinethemba Mabhengu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellants acted with common purpose in the murder of the deceased.
  2. 2 Whether the magistrate correctly accepted the evidence of the state witnesses.
  3. 3 Whether the appellants' version was reasonably possibly true.

Ratio Decidendi

The court found that the evidence of the two state witnesses was credible and corroborated in all material respects. Both witnesses knew the appellants and their co-accused well and testified to the sequence of events leading to the stabbing of the deceased. Although neither could identify which member of the appellants' group inflicted the fatal wound, the circumstances established that only the two groups were present, and the appellants' group approached and attacked the deceased. The inference that the deceased was killed by one of the appellants' group was compelling and ineluctable. The appellants' version, which sought to implicate Sigwili alone and deny their involvement, was...

Court Disposition

Appeal dismissed. Convictions and sentences upheld.

Orders

  • The appeal is dismissed.
  • A copy of this judgment must be transmitted to the office of the Director of Public Prosecutions, Mthatha, for appropriate action.