S v Kesa and Another (CC19/2020) [2023] ZAECMHC 6 (13 February 2023)

S v Kesa and Another (CC19/2020) [2023] ZAECMHC 6 (13 February 2023)

The court found that the State's circumstantial and forensic evidence, including DNA linking the accused's clothing to the deceased, the presence of blood stains inconsistent with accidental fire, and the accused's repeated contradictions and introduction of new versions, established his guilt beyond reasonable doubt. The accused had motive, opportunity, and was found with incriminating evidence immediately after the murders. His explanations were rejected as false and fabricated. The totality of the evidence pointed to the accused intentionally killing his parents, sister, and niece by setting the homestead on fire after inflicting injuries, and attempting to conceal his involvement.

Citation
[2023] ZAECMHC 6
Parties
Applicant: The State; Defendant: Thobani Kesa; Defendant: Ntembeko Kesa
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
13 February 2023
Case Number
CC19/2020
Procedural Posture
Criminal Trial / Judgment After Full Trial
Outcome
Accused no.1, Thobani Kesa, is found guilty of arson and four counts of murder. Accused no.2, Ntembeko Kesa, was acquitted and discharged under section 174 of the Criminal Procedure Act.
Judges
M.S. Jolwana
Legal Topics
Murder, Arson, Circumstantial Evidence, Dna Evidence, Common Purpose, Criminal Procedure Act
Criminal Law Murder Arson Circumstantial Evidence Dna Evidence Common Purpose Criminal Procedure Act

Case Brief

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Parties

The State

Applicant

Thobani Kesa

Defendant

Ntembeko Kesa

Defendant

Procedural Posture

Criminal Trial / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused, Thobani Kesa, intentionally caused the deaths of his parents, sister, and niece by arson and murder.
  2. 2 Whether circumstantial evidence and DNA evidence establish the guilt of the accused beyond reasonable doubt.
  3. 3 Whether the accused's explanations and denials are credible and consistent with the proven facts.

Ratio Decidendi

The court found that the State's circumstantial and forensic evidence, including DNA linking the accused's clothing to the deceased, the presence of blood stains inconsistent with accidental fire, and the accused's repeated contradictions and introduction of new versions, established his guilt beyond reasonable doubt. The accused had motive, opportunity, and was found with incriminating evidence immediately after the murders. His explanations were rejected as false and fabricated. The totality of the evidence pointed to the accused intentionally killing his parents, sister, and niece by setting the homestead on fire after inflicting injuries, and attempting to conceal his involvement.

Court Disposition

Accused no.1, Thobani Kesa, is found guilty of arson and four counts of murder. Accused no.2, Ntembeko Kesa, was acquitted and discharged under section 174 of the Criminal Procedure Act.

Orders

  • Accused no.1 is found guilty of count 5, arson, relating to the burning of his parents' homestead at Teenbank, Sterkspruit.
  • Accused no.1 is found guilty of counts 1, 2, 3, and 4, the murder of his sister Nobubele Hazel Kesa, his niece Hillary Kesa, his father Mqondisi Patric Kesa, and his mother Thubakazi Victoria Mbatyazwa.