S v Buthelezi and Others (39/97) [1999] ZASCA 65 (21 September 1999)

S v Buthelezi and Others (39/97) [1999] ZASCA 65 (21 September 1999)

The Supreme Court of Appeal found that the evidence overwhelmingly established that the attack on Boipatong and Slovopark was planned and executed by a group of KwaMadala hostel residents, including the appellants. The court held that the testimony of the three accomplices was credible, corroborated by independent witnesses and physical evidence, and supported by the circumstances of the attack. The trial court's rejection of the appellants' alibi defences was justified, as their denials were inconsistent with the objective evidence and the probabilities. The requirements for liability on the basis of common purpose were met, as there was clear evidence of a prior agreement to attack...

Citation
[1999] ZASCA 65
Parties
Appellant: Qambeleni Buthelezi; Appellant: Bhekinkosi Mbhekiseni Mkhize; Appellant: Tebogo Magubane; Appellant: Petrus Mdiniso; Appellant: Sithembiso Khubeka; Appellant: Mxolise Sibongeleni Mkhize; Appellant: Vincent Khanyile; Appellant: Sipho Buthelezi; Appellant: Timothy Stals Mazibuko; Appellant: Paulos Mcikeleni Mbatha; Appellant: Jack Mbele; Appellant: Sonny Michael Mkwanazi; Appellant: Victor Mthembu; Appellant: Thomas Makhehleni Lukhozi; Appellant: Richard Dlamini; Appellant: Moses Mthembu; Appellant: Mhlupheki Samuel Tshabangu; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 September 1999
Case Number
39/97
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeals dismissed. Convictions and sentences confirmed.
Judges
Vivier, Harms, Melunsky
Legal Topics
Common Purpose Liability, Murder, Attempted Murder, Public Violence, Credibility of Accomplice Evidence
Criminal Law Common Purpose Liability Murder Attempted Murder Public Violence Credibility of Accomplice Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Qambeleni Buthelezi

Appellant

Bhekinkosi Mbhekiseni Mkhize

Appellant

Tebogo Magubane

Appellant

Petrus Mdiniso

Appellant

Sithembiso Khubeka

Appellant

Mxolise Sibongeleni Mkhize

Appellant

Vincent Khanyile

Appellant

Sipho Buthelezi

Appellant

Timothy Stals Mazibuko

Appellant

Paulos Mcikeleni Mbatha

Appellant

Jack Mbele

Appellant

Sonny Michael Mkwanazi

Appellant

Victor Mthembu

Appellant

Thomas Makhehleni Lukhozi

Appellant

Richard Dlamini

Appellant

Moses Mthembu

Appellant

Mhlupheki Samuel Tshabangu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellants participated in the attack on Boipatong and Slovopark on 17 June 1992.
  2. 2 Whether the evidence of accomplices was sufficiently corroborated to justify conviction.
  3. 3 Whether the trial court correctly rejected the appellants' alibi defences.

Ratio Decidendi

The Supreme Court of Appeal found that the evidence overwhelmingly established that the attack on Boipatong and Slovopark was planned and executed by a group of KwaMadala hostel residents, including the appellants. The court held that the testimony of the three accomplices was credible, corroborated by independent witnesses and physical evidence, and supported by the circumstances of the attack. The trial court's rejection of the appellants' alibi defences was justified, as their denials were inconsistent with the objective evidence and the probabilities. The requirements for liability on the basis of common purpose were met, as there was clear evidence of a prior agreement to attack...

Court Disposition

Appeals dismissed. Convictions and sentences confirmed.

Orders

  • The appeals of all appellants are dismissed.
  • The convictions and sentences imposed by the trial court are confirmed.