S v Faku (CC13/2021) [2023] ZAWCHC 342 (12 September 2023)

S v Faku (CC13/2021) [2023] ZAWCHC 342 (12 September 2023)

The court found that the circumstantial evidence presented by the State, including the accused's presence at the scene, identification by witnesses, forensic findings, and inconsistencies in the accused's version, proved beyond reasonable doubt that the accused was the person who shot and killed the deceased. The...

Source-derived case information.

Citation
[2023] ZAWCHC 342
Parties
Applicant: The State; Defendant: Thandolwethu Faku
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
12 September 2023
Case Number
CC13/2021
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused is convicted of assault (2016), murder, and attempt to defeat or obstruct the ends and administration of justice.
Judges
Nziweni
Legal Topics
Murder, Assault, Attempt to Defeat Ends of Justice, Circumstantial Evidence, Credibility of Witnesses
Criminal Law Murder Assault Attempt to Defeat Ends of Justice Circumstantial Evidence Credibility of Witnesses

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Thandolwethu Faku

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased by shooting her with a firearm.
  2. 2 Whether the accused unlawfully and intentionally assaulted the deceased during the period 2015 to 2018.
  3. 3 Whether the accused attempted to defeat or obstruct the administration of justice by removing evidence and supplying false information to the police.

Ratio Decidendi

The court found that the circumstantial evidence presented by the State, including the accused's presence at the scene, identification by witnesses, forensic findings, and inconsistencies in the accused's version, proved beyond reasonable doubt that the accused was the person who shot and killed the deceased. The accused's account was found to be fabricated, lacking credibility, and not reasonably possibly true. The court accepted the State witnesses' evidence, which was consistent, detailed, and corroborated by objective facts. The accused was also found guilty of assault based on the clear and satisfactory testimony of the deceased's daughter, and guilty of attempt to defeat or obstruct...

Court Disposition

The accused is convicted of assault (2016), murder, and attempt to defeat or obstruct the ends and administration of justice.

Orders

  • The accused is found guilty of assault committed in 2016.
  • The accused is found guilty of murder.