Matabane and Others v S (A58/2016) [2016] ZAGPPHC 1188 (9 November 2016)

Matabane and Others v S (A58/2016) [2016] ZAGPPHC 1188 (9 November 2016)

The court found that the evidence of the accomplice, Dimakatso Mabono, was unsatisfactory, riddled with contradictions, and lacked corroboration implicating the appellants. The magistrate misdirected himself by accepting her evidence without proper warning and without seeking adequate safeguards against wrongful conviction. The State conceded the material contradictions in Dimakatso's testimony. In the absence of reliable and corroborated evidence linking the appellants to the crimes, the convictions could not be sustained. The appeal was upheld, and the convictions and sentences were set aside.

Citation
[2016] ZAGPPHC 1188
Parties
Appellant: Sicelo Matabane; Appellant: Nonkwenkwe Ganda; Appellant: Gabarone Aaram Pheto; Appellant: Vusi Mokataka; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 November 2016
Case Number
A58/2016
Procedural Posture
Criminal Appeal / Automatic Appeal Against Conviction and Sentence Following Imposition of Life Imprisonment
Outcome
Appeal upheld; convictions and sentences set aside.
Judges
C Pretorius
Legal Topics
Accomplice Evidence, Corroboration, Minimum Sentences, Sexual Offences, Murder, Robbery With Aggravating Circumstances
Criminal Law Accomplice Evidence Corroboration Minimum Sentences Sexual Offences Murder Robbery With Aggravating Circumstances

Case Brief

Summary, issues, holding and outcome

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Parties

Sicelo Matabane

Appellant

Nonkwenkwe Ganda

Appellant

Gabarone Aaram Pheto

Appellant

Vusi Mokataka

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Automatic Appeal Against Conviction and Sentence Following Imposition of Life Imprisonment

Legal Issues

  1. 1 Whether the convictions of the appellants could be sustained on the evidence of an accomplice lacking proper corroboration.
  2. 2 Whether the magistrate misdirected himself in accepting the evidence of the accomplice witness, Dimakatso Mabono.
  3. 3 Whether the contradictions and improbabilities in the State's case rendered the convictions unsafe.

Ratio Decidendi

The court found that the evidence of the accomplice, Dimakatso Mabono, was unsatisfactory, riddled with contradictions, and lacked corroboration implicating the appellants. The magistrate misdirected himself by accepting her evidence without proper warning and without seeking adequate safeguards against wrongful conviction. The State conceded the material contradictions in Dimakatso's testimony. In the absence of reliable and corroborated evidence linking the appellants to the crimes, the convictions could not be sustained. The appeal was upheld, and the convictions and sentences were set aside.

Court Disposition

Appeal upheld; convictions and sentences set aside.

Orders

  • The appeal against conviction and sentence is upheld.
  • All four appellants' convictions and sentences are set aside.