S v Bailey and Others (D31/2019) [2023] ZAKZDHC 102 (12 December 2023)

S v Bailey and Others (D31/2019) [2023] ZAKZDHC 102 (12 December 2023)

The court found that the State failed to prove the guilt of accused 6, 9, and 10 beyond reasonable doubt, and they were discharged on all counts. The evidence of identification for counts 1 and 3 was unsatisfactory and could not sustain a conviction. However, the court found that accused 1, 2, 3, 4, 5, 7, and 8 acted in common purpose to murder the deceased and commit attempted murder, malicious damage to property, and defeating the administration of justice. Ballistic evidence linked these accused to the firearms used in the crimes. The offences were pre-planned, motivated by the deceased's refusal to pay security fees, and committed in public. The court found no substantial and...

Citation
[2023] ZAKZDHC 102
Parties
Applicant: The State; Defendant: Langelihle James Bailey; Defendant: Phumulani A Siyaya; Defendant: Bonisile Lili; Defendant: Bhekisisa Mhlongo; Defendant: Sehliselo H Dladla; Defendant: Mazwi P Nzama; Defendant: Mandla J Masango; Defendant: Njabulo S Cele; Defendant: Bhekiziwe Nzuza; Defendant: Erick M Chiliza
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
12 December 2023
Case Number
D31/2019
Procedural Posture
Criminal Trial / Conviction and Sentencing
Outcome
Accused 6, 9, and 10 are acquitted on all counts. Accused 1, 2, 3, 4, 5, 7, and 8 are convicted of murder, attempted murder, malicious damage to property, and defeating the administration of justice.
Judges
Mathenjwa
Legal Topics
Murder, Attempted Murder, Malicious Damage to Property, Defeating Administration of Justice, Common Purpose, Minimum Sentencing
Criminal Law Murder Attempted Murder Malicious Damage to Property Defeating Administration of Justice Common Purpose Minimum Sentencing

Case Brief

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Parties

The State

Applicant

Langelihle James Bailey

Defendant

Phumulani A Siyaya

Defendant

Bonisile Lili

Defendant

Bhekisisa Mhlongo

Defendant

Sehliselo H Dladla

Defendant

Mazwi P Nzama

Defendant

Mandla J Masango

Defendant

Njabulo S Cele

Defendant

Bhekiziwe Nzuza

Defendant

Erick M Chiliza

Defendant

Procedural Posture

Criminal Trial / Conviction and Sentencing

Legal Issues

  1. 1 Whether the accused acted in common purpose to commit murder and attempted murder.
  2. 2 Whether the accused are guilty of malicious damage to property and defeating the administration of justice.
  3. 3 Whether the evidence of identification and circumstantial evidence is sufficient to convict the accused.

Ratio Decidendi

The court found that the State failed to prove the guilt of accused 6, 9, and 10 beyond reasonable doubt, and they were discharged on all counts. The evidence of identification for counts 1 and 3 was unsatisfactory and could not sustain a conviction. However, the court found that accused 1, 2, 3, 4, 5, 7, and 8 acted in common purpose to murder the deceased and commit attempted murder, malicious damage to property, and defeating the administration of justice. Ballistic evidence linked these accused to the firearms used in the crimes. The offences were pre-planned, motivated by the deceased's refusal to pay security fees, and committed in public. The court found no substantial and...

Court Disposition

Accused 6, 9, and 10 are acquitted on all counts. Accused 1, 2, 3, 4, 5, 7, and 8 are convicted of murder, attempted murder, malicious damage to property, and defeating the administration of justice.

Orders

  • Accused 6, 9, and 10 are found not guilty and discharged on all counts.
  • Accused 1, 2, 3, 4, 5, 7, and 8 are found not guilty on count 1.