Mbiza and Others v S (CA&R 83/2018) [2019] ZAECMHC 22 (15 May 2019)

Mbiza and Others v S (CA&R 83/2018) [2019] ZAECMHC 22 (15 May 2019)

The appeal court found that the trial court erred in accepting the evidence of N[….], which was hearsay and not corroborated. The only direct witness, G[….], was unreliable, as his testimony was inconsistent and contradicted under cross-examination. The post mortem findings did not support the allegations in the charge sheet, and there was no evidence of stabbing or assault with sticks. The State failed to prove its case beyond reasonable doubt. Accordingly, the convictions were set aside and the accused acquitted.

Citation
[2019] ZAECMHC 22
Parties
Appellant: Mxolisi Mbiza; Appellant: Thembinkosi Ngcayethafa; Appellant: Mpumzi Zakade; Appellant: Sivuyile Mbangazeli; Respondent: The State
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
15 May 2019
Case Number
CA&R 83/2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal upheld; convictions set aside; accused acquitted.
Judges
M Makaula, RE Griffiths
Legal Topics
Single Witness Rule, Murder, Credibility of Witnesses, Burden of Proof
Criminal Law Single Witness Rule Murder Credibility of Witnesses Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Mxolisi Mbiza

Appellant

Thembinkosi Ngcayethafa

Appellant

Mpumzi Zakade

Appellant

Sivuyile Mbangazeli

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial court erred in relying on hearsay evidence from N[….].
  2. 2 Whether the evidence of the single witness G[….] was reliable and sufficient for conviction.
  3. 3 Whether the post mortem findings supported the version of events presented by the State.

Ratio Decidendi

The appeal court found that the trial court erred in accepting the evidence of N[….], which was hearsay and not corroborated. The only direct witness, G[….], was unreliable, as his testimony was inconsistent and contradicted under cross-examination. The post mortem findings did not support the allegations in the charge sheet, and there was no evidence of stabbing or assault with sticks. The State failed to prove its case beyond reasonable doubt. Accordingly, the convictions were set aside and the accused acquitted.

Court Disposition

Appeal upheld; convictions set aside; accused acquitted.

Orders

  • The conviction is set aside and substituted with an order of acquittal.
  • The accused are found not guilty and are discharged.