S v Hlongwa and Others (CC76/2022P) [2023] ZAKZPHC 110 (16 October 2023)

S v Hlongwa and Others (CC76/2022P) [2023] ZAKZPHC 110 (16 October 2023)

The court found that the evidence, both direct and circumstantial, established beyond reasonable doubt that the three accused acted together with common purpose in kidnapping the deceased and complainant, robbing them, murdering the deceased, and attempting to murder the complainant. The accused were found together shortly after the crimes, handled stolen property, and forensic evidence placed accused 3 at the scene. The explanations offered by accused 1 and 2 were absent, and accused 3's version was rejected as contrived and inconsistent with the evidence. The SAPS investigation was criticised for its deficiencies, but the available evidence was sufficient for conviction. The court...

Citation
[2023] ZAKZPHC 110
Parties
Applicant: The State; Respondent: Lindani Theophilus Hlongwa; Respondent: Fanele Dlomo; Respondent: Mlungisi Innocent Baxter
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
16 October 2023
Case Number
CC76/2022P
Procedural Posture
Criminal Trial / Conviction and Judgment
Outcome
All three accused found guilty on counts of kidnapping, robbery with aggravating circumstances, murder, and attempted murder.
Judges
Mossop
Legal Topics
Common Purpose, Kidnapping, Robbery With Aggravating Circumstances, Murder, Attempted Murder, Forensic Evidence
Criminal Law Common Purpose Kidnapping Robbery With Aggravating Circumstances Murder Attempted Murder Forensic Evidence

Case Brief

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Parties

The State

Applicant

Lindani Theophilus Hlongwa

Respondent

Fanele Dlomo

Respondent

Mlungisi Innocent Baxter

Respondent

Procedural Posture

Criminal Trial / Conviction and Judgment

Legal Issues

  1. 1 Whether the accused acted with common purpose in committing the offences of kidnapping, robbery, murder, and attempted murder.
  2. 2 Whether the evidence, including forensic and circumstantial, is sufficient to convict the accused on all counts.
  3. 3 Whether the conduct of the SAPS investigation affected the fairness or completeness of the trial.

Ratio Decidendi

The court found that the evidence, both direct and circumstantial, established beyond reasonable doubt that the three accused acted together with common purpose in kidnapping the deceased and complainant, robbing them, murdering the deceased, and attempting to murder the complainant. The accused were found together shortly after the crimes, handled stolen property, and forensic evidence placed accused 3 at the scene. The explanations offered by accused 1 and 2 were absent, and accused 3's version was rejected as contrived and inconsistent with the evidence. The SAPS investigation was criticised for its deficiencies, but the available evidence was sufficient for conviction. The court...

Court Disposition

All three accused found guilty on counts of kidnapping, robbery with aggravating circumstances, murder, and attempted murder.

Orders

  • Each accused is convicted on counts 1 to 5.
  • State witness Mr Musawenkosi July Zakwe is discharged from future prosecution on any charges arising out of the events of 15 July 2022, in terms of section 204(2) of the Criminal Procedure Act 51 of 1977.