S v Dube and Another (126/99) [2000] ZAGPHC 23 (18 August 2000)

S v Dube and Another (126/99) [2000] ZAGPHC 23 (18 August 2000)

The court found that accused 1's statement to the magistrate was made freely and voluntarily, with his rights to legal representation properly explained, and without any promise of bail. The statement was corroborated by objective facts, including the manner in which the deceased was shot. Accused 1 eventually admitted the truth of his statement. The evidence established that accused 1 and Mazibuku acted on the instructions and with the assistance of accused 2, who had motive as a business rival of the deceased. Accused 2's defence was found to be unsatisfactory and contradicted by her own evidence and failure to call corroborating witnesses. The court held that, considering the totality...

Citation
[2000] ZAGPHC 23
Parties
Applicant: The State; Defendant: Simon Dube; Defendant: Thembi Dlamini
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
18 August 2000
Case Number
126/99
Procedural Posture
Criminal Trial / Judgment
Outcome
Both accused found guilty on all three counts: murder, unlawful possession of a firearm, and unlawful possession of ammunition.
Judges
Willis
Legal Topics
Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Admissibility of Confession, Common Purpose, Onus of Proof
Criminal Law Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Admissibility of Confession Common Purpose Onus of Proof

Case Brief

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Parties

The State

Applicant

Simon Dube

Defendant

Thembi Dlamini

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the statement made by accused 1 to the magistrate was admissible as evidence.
  2. 2 Whether accused 1 and accused 2 are guilty of murder, unlawful possession of a firearm, and unlawful possession of ammunition.
  3. 3 Whether accused 2 can be convicted on the basis of accused 1's evidence.

Ratio Decidendi

The court found that accused 1's statement to the magistrate was made freely and voluntarily, with his rights to legal representation properly explained, and without any promise of bail. The statement was corroborated by objective facts, including the manner in which the deceased was shot. Accused 1 eventually admitted the truth of his statement. The evidence established that accused 1 and Mazibuku acted on the instructions and with the assistance of accused 2, who had motive as a business rival of the deceased. Accused 2's defence was found to be unsatisfactory and contradicted by her own evidence and failure to call corroborating witnesses. The court held that, considering the totality...

Court Disposition

Both accused found guilty on all three counts: murder, unlawful possession of a firearm, and unlawful possession of ammunition.

Orders

  • Accused 1 and accused 2 are found guilty as charged on count 1: murder.
  • Accused 1 and accused 2 are found guilty as charged on count 2: unlawful possession of a firearm.