Mofutsana v S (A287/2017) [2018] ZAFSHC 170 (1 November 2018)

Mofutsana v S (A287/2017) [2018] ZAFSHC 170 (1 November 2018)

The court found that the conviction for resisting arrest could not stand due to the absence of evidence that the appellant was formally placed under arrest and the lack of testimony from a material witness, Constable Ganare, who allegedly permitted the appellant to leave. The State failed to discharge its onus to prove wilful obstruction beyond reasonable doubt. The appellant's subjective belief that he was authorised to depart negated the necessary intent for the offence under section 67(1)(a) of the South African Police Services Act. However, the conviction for assault was upheld as the evidence of the police officer and petrol attendant was found credible and consistent, and the trial...

Citation
[2018] ZAFSHC 170
Parties
Appellant: Ramasela Solomon Mofutsana; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 November 2018
Case Number
A287/2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeal against the conviction and sentence for assault (Count 1) is dismissed. The appeal against the conviction and sentence for resisting arrest (Count 4) is upheld.
Judges
Mhlambi, M Opperman
Legal Topics
Assault, Resisting Arrest, Evaluation of Evidence, Demeanour, Onus of Proof
Criminal Law Civil Procedure Assault Resisting Arrest Evaluation of Evidence Demeanour Onus of Proof

Case Brief

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Parties

Ramasela Solomon Mofutsana

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's conviction for assault and resisting arrest was supported by evidence beyond reasonable doubt.
  2. 2 Whether the absence of a material witness (Constable Ganare) undermined the State's case.
  3. 3 Whether the trial court erred in relying on the appellant's demeanour as an assessment tool.

Ratio Decidendi

The court found that the conviction for resisting arrest could not stand due to the absence of evidence that the appellant was formally placed under arrest and the lack of testimony from a material witness, Constable Ganare, who allegedly permitted the appellant to leave. The State failed to discharge its onus to prove wilful obstruction beyond reasonable doubt. The appellant's subjective belief that he was authorised to depart negated the necessary intent for the offence under section 67(1)(a) of the South African Police Services Act. However, the conviction for assault was upheld as the evidence of the police officer and petrol attendant was found credible and consistent, and the trial...

Court Disposition

The appeal against the conviction and sentence for assault (Count 1) is dismissed. The appeal against the conviction and sentence for resisting arrest (Count 4) is upheld.

Orders

  • The appeal on the conviction and sentence on the charge of assault (Count 1) is dismissed.
  • The appeal against the conviction and sentence on the contravention of section 67(1)(a) of the South African Police Services Act 68 of 1995 (Count 4) is upheld.