Qayi v S (AR228/2019) [2021] ZAKZPHC 83 (14 September 2021)

Qayi v S (AR228/2019) [2021] ZAKZPHC 83 (14 September 2021)

The appeal against the conviction for assault with intent to do grievous bodily harm fails because the evidence of the complainant, Xolani, was clear, coherent, and corroborated by objective evidence and the testimony of Ramatseka. The appellant was positively identified as the person who caused the injuries, and his denial was not reasonably possibly true. Regarding the murder conviction, the appeal succeeds because the State failed to prove beyond reasonable doubt that the appellant intentionally killed the deceased. The only witness, Ramatseka, was intoxicated, provided inconsistent versions, and conceded that the deceased initiated the attack. The evidence was unreliable and...

Citation
[2021] ZAKZPHC 83
Parties
Appellant: Zandisile Qayi; Respondent: The State
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
14 September 2021
Case Number
AR228/2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal against conviction for assault with intent to do grievous bodily harm dismissed; appeal against conviction and sentence for murder upheld.
Judges
Gani, Mngadi
Legal Topics
Single Witness Evidence, Intentional Killing, Onus of Proof, Credibility of Witnesses
Criminal Law Single Witness Evidence Intentional Killing Onus of Proof Credibility of Witnesses

Case Brief

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Parties

Zandisile Qayi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant was correctly convicted of assault with intent to do grievous bodily harm.
  2. 2 Whether the appellant was correctly convicted of murder.
  3. 3 Whether the evidence of single witnesses was reliable and sufficient to sustain convictions.

Ratio Decidendi

The appeal against the conviction for assault with intent to do grievous bodily harm fails because the evidence of the complainant, Xolani, was clear, coherent, and corroborated by objective evidence and the testimony of Ramatseka. The appellant was positively identified as the person who caused the injuries, and his denial was not reasonably possibly true. Regarding the murder conviction, the appeal succeeds because the State failed to prove beyond reasonable doubt that the appellant intentionally killed the deceased. The only witness, Ramatseka, was intoxicated, provided inconsistent versions, and conceded that the deceased initiated the attack. The evidence was unreliable and...

Court Disposition

Appeal against conviction for assault with intent to do grievous bodily harm dismissed; appeal against conviction and sentence for murder upheld.

Orders

  • The appeal in respect of the appellant's conviction for assault with intent to do grievous bodily harm is dismissed.
  • The appeal in respect of the appellant's conviction for the offence of murder is upheld and the appellant's conviction and sentence in respect of this charge are set aside.