S v Bulawa and Another (CC11/12) [2013] ZAECPEHC 53 (18 October 2013)

S v Bulawa and Another (CC11/12) [2013] ZAECPEHC 53 (18 October 2013)

The court found that the evidence against both accused was insufficient to prove their participation in the robbery, murder, attempted murder, or unlawful possession of a firearm and ammunition. The eyewitness testimony was vague and contradictory, and did not identify the accused as perpetrators. The warning statements and pointings out confirmed only their presence at the scene, not their participation. There was no evidence of common purpose or joint possession. However, accused 2 admitted to taking possession of a stolen cell-phone and disposing of cards taken in the robbery, knowing their origin. This conduct constituted theft and made accused 2 an accessory after the fact to robbery...

Citation
[2013] ZAECPEHC 53
Parties
Applicant: The State; Defendant: Luntu Freddie Bulawa; Defendant: Masixole Sonti
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
18 October 2013
Case Number
CC11/12
Procedural Posture
Criminal Trial / Final Judgment
Outcome
Accused 1 is acquitted of all charges. Accused 2 is acquitted of all principal charges but convicted of theft of a Nokia 1100 cell-phone and as an accessory after the fact to robbery with aggravating circumstances.
Judges
C Plasket
Legal Topics
Robbery With Aggravating Circumstances, Murder, Attempted Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Theft, Accessory After the Fact
Criminal Law Robbery With Aggravating Circumstances Murder Attempted Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Theft Accessory After the Fact

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Luntu Freddie Bulawa

Defendant

Masixole Sonti

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused participated in the commission of robbery with aggravating circumstances, murder, attempted murder, unlawful possession of a firearm, and unlawful possession of ammunition.
  2. 2 Whether the accused formed a common purpose with the principal perpetrator, Luvuyo, to commit the offences.
  3. 3 Whether the warning statements and pointings out made by the accused were admissible.

Ratio Decidendi

The court found that the evidence against both accused was insufficient to prove their participation in the robbery, murder, attempted murder, or unlawful possession of a firearm and ammunition. The eyewitness testimony was vague and contradictory, and did not identify the accused as perpetrators. The warning statements and pointings out confirmed only their presence at the scene, not their participation. There was no evidence of common purpose or joint possession. However, accused 2 admitted to taking possession of a stolen cell-phone and disposing of cards taken in the robbery, knowing their origin. This conduct constituted theft and made accused 2 an accessory after the fact to robbery...

Court Disposition

Accused 1 is acquitted of all charges. Accused 2 is acquitted of all principal charges but convicted of theft of a Nokia 1100 cell-phone and as an accessory after the fact to robbery with aggravating circumstances.

Orders

  • Accused 1 is acquitted of all charges.
  • Accused 2 is acquitted of all principal charges.