Matjeke and Others v S (08/2012) [2013] ZANWHC 95 (18 April 2013)

Matjeke and Others v S (08/2012) [2013] ZANWHC 95 (18 April 2013)

The court found that the trial court did not commit any irregularity by ruling on the admissibility of hearsay evidence after the State closed its case but before the accused testified, as the accused were aware of the evidentiary ambit they faced. The deviation from the normal sequence of accused giving evidence was permissible and did not cause irreparable prejudice. The statements made by certain appellants were found to be admissible, as the allegations of duress and promises were not substantiated by credible evidence. The evidence of accomplices was approached with caution and corroborated in material respects. The court held that the convictions and sentences were justified by the...

Citation
[2013] ZANWHC 95
Parties
Appellant: Thabo Elekia Matjeke; Appellant: Boswell Mhlongo; Appellant: George Sipiio Makhubela; Appellant: Alfred Disco Nkosi; Appellant: Thembekile Moaodzi; Appellant: Samuel Sampie Khyanye; Appellant: Victor Zandile Moyo; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
18 April 2013
Case Number
08/2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeal against conviction and sentence by all the appellants is dismissed.
Judges
Gura, Hiendricks, Gutta
Legal Topics
Murder, Robbery With Aggravating Circumstances, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Admissibility of Hearsay Evidence, Accomplice Evidence
Criminal Law Murder Robbery With Aggravating Circumstances Unlawful Possession of Firearm Unlawful Possession of Ammunition Admissibility of Hearsay Evidence Accomplice Evidence

Case Brief

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Parties

Thabo Elekia Matjeke

Appellant

Boswell Mhlongo

Appellant

George Sipiio Makhubela

Appellant

Alfred Disco Nkosi

Appellant

Thembekile Moaodzi

Appellant

Samuel Sampie Khyanye

Appellant

Victor Zandile Moyo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial court committed irregularities in admitting hearsay evidence and allowing deviation from the normal sequence of accused giving evidence.
  2. 2 Whether the statements made by certain appellants were admissible and whether undue influence or promises affected their voluntariness.
  3. 3 Whether the evidence of accomplices and hearsay was properly admitted and corroborated.

Ratio Decidendi

The court found that the trial court did not commit any irregularity by ruling on the admissibility of hearsay evidence after the State closed its case but before the accused testified, as the accused were aware of the evidentiary ambit they faced. The deviation from the normal sequence of accused giving evidence was permissible and did not cause irreparable prejudice. The statements made by certain appellants were found to be admissible, as the allegations of duress and promises were not substantiated by credible evidence. The evidence of accomplices was approached with caution and corroborated in material respects. The court held that the convictions and sentences were justified by the...

Court Disposition

The appeal against conviction and sentence by all the appellants is dismissed.

Orders

  • The appeal against conviction and sentence by all the appellants is dismissed.