S v Kgatlane and Another (K/S 77/02) [2003] ZANCHC 12 (10 December 2003)

S v Kgatlane and Another (K/S 77/02) [2003] ZANCHC 12 (10 December 2003)

The court found that accused 1's version, that he was attacked with a knife and acted in self-defence, was reasonably possibly true and not inherently improbable. The evidence did not establish beyond reasonable doubt that accused 1 exceeded the bounds of self-defence or unlawfully killed the deceased. The court was not satisfied with the reliability of the identification evidence against accused 2, noting inconsistencies and the possibility of honest mistakes by witnesses. Consequently, both accused were acquitted on the charge of murder. Accused 1, however, admitted under oath to possession of a 7.65mm pistol and ammunition without a valid licence, and was convicted on those charges....

Citation
[2003] ZANCHC 12
Parties
Applicant: The State; Defendant: Jacob T Kgatlane; Defendant: Stanley M Machidi
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
10 December 2003
Case Number
K/S 77/02
Procedural Posture
Criminal Trial / Final Judgment
Outcome
Both accused acquitted on the charge of murder. Accused 1 convicted on charges of unlawful possession of a firearm and ammunition. Accused 2 acquitted on all charges.
Judges
Lacock R
Legal Topics
Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Identification Evidence, Self Defence
Criminal Law Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Identification Evidence Self Defence

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Jacob T Kgatlane

Defendant

Stanley M Machidi

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether accused 1 unlawfully caused the death of the deceased Cyril Dreyer.
  2. 2 Whether accused 1 and accused 2 were guilty of unlawful possession of firearms and ammunition.
  3. 3 Whether accused 2 was present at the scene and participated in the shooting.

Ratio Decidendi

The court found that accused 1's version, that he was attacked with a knife and acted in self-defence, was reasonably possibly true and not inherently improbable. The evidence did not establish beyond reasonable doubt that accused 1 exceeded the bounds of self-defence or unlawfully killed the deceased. The court was not satisfied with the reliability of the identification evidence against accused 2, noting inconsistencies and the possibility of honest mistakes by witnesses. Consequently, both accused were acquitted on the charge of murder. Accused 1, however, admitted under oath to possession of a 7.65mm pistol and ammunition without a valid licence, and was convicted on those charges....

Court Disposition

Both accused acquitted on the charge of murder. Accused 1 convicted on charges of unlawful possession of a firearm and ammunition. Accused 2 acquitted on all charges.

Orders

  • Accused 1 is found not guilty of murder but guilty of unlawful possession of a semi-automatic firearm and ammunition.
  • Accused 2 is found not guilty on all charges.