Nkomo v S (A15/2020) [2020] ZAGPJHC 198 (17 August 2020)

Nkomo v S (A15/2020) [2020] ZAGPJHC 198 (17 August 2020)

The court found that the evidence of the single witness regarding the murder was clear and satisfactory in every material respect, and the appellant's defence was not reasonably possibly true. The appellant's version was inconsistent, improbable, and contradicted by objective facts and witness testimony. The court held that the trial court did not err in its assessment of credibility and factual findings. However, with respect to the conviction for pointing a firearm (count nine), the evidence was insufficient and conflicting, and the conviction could not be sustained. The convictions for murder, unlawful possession of a firearm and ammunition, and other charges were upheld, except for...

Citation
[2020] ZAGPJHC 198
Parties
Appellant: Nkomo, Makhosini; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 August 2020
Case Number
A15/2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal upheld in respect of count nine (pointing of a firearm); conviction and sentence on count nine set aside. Appeal dismissed in respect of all other convictions and sentences.
Judges
DP de Villiers, NP Mngqibisa-Thusi, VT Mtati
Legal Topics
Single Witness Evidence, Murder, Unlawful Possession of Firearm, Pointing of Firearm, Appeal Procedure, Assessment of Evidence
Criminal Law Single Witness Evidence Murder Unlawful Possession of Firearm Pointing of Firearm Appeal Procedure Assessment of Evidence

Case Brief

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Parties

Nkomo, Makhosini

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction for murder based on the evidence of a single witness was sustainable.
  2. 2 Whether the conviction for unlawful possession and pointing of a firearm could be upheld in light of conflicting evidence.
  3. 3 Whether the appellant's defence was reasonably possibly true.

Ratio Decidendi

The court found that the evidence of the single witness regarding the murder was clear and satisfactory in every material respect, and the appellant's defence was not reasonably possibly true. The appellant's version was inconsistent, improbable, and contradicted by objective facts and witness testimony. The court held that the trial court did not err in its assessment of credibility and factual findings. However, with respect to the conviction for pointing a firearm (count nine), the evidence was insufficient and conflicting, and the conviction could not be sustained. The convictions for murder, unlawful possession of a firearm and ammunition, and other charges were upheld, except for...

Court Disposition

Appeal upheld in respect of count nine (pointing of a firearm); conviction and sentence on count nine set aside. Appeal dismissed in respect of all other convictions and sentences.

Orders

  • The appeal against the conviction and sentence in respect of count nine is upheld and the conviction and sentence are set aside.
  • The remainder of the appeal is dismissed.