S v Mabape (CC3/2019) [2019] ZAGPPHC 1110 (27 November 2019)

S v Mabape (CC3/2019) [2019] ZAGPPHC 1110 (27 November 2019)

The court found that the accused was the last person seen with the deceased, placed himself at the scene, and confirmed key aspects of the State witnesses' evidence. The dying declaration made by the deceased to her sister Pozi was admitted as hearsay evidence under section 3(1)(c) of the Law of Evidence Amendment Act, supported by corroboration and reliability. The accused's own admissions and conduct after the incident, including his statement that he was scared because he had killed a person, further supported the State's case. The evidence of repeated physical abuse and the accused's actions immediately before and after the stabbing established premeditation. The court rejected the...

Citation
[2019] ZAGPPHC 1110
Parties
Applicant: The State; Defendant: Freddy Ramathibe Mabape
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 November 2019
Case Number
CC3/2019
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused, Freddy Ramathibe Mabape, is found guilty of premeditated murder.
Judges
Phahlane
Legal Topics
Premeditated Murder, Dying Declaration, Hearsay Evidence, Circumstantial Evidence, Minimum Sentences, Credibility of Witnesses
Criminal Law Premeditated Murder Dying Declaration Hearsay Evidence Circumstantial Evidence Minimum Sentences Credibility of Witnesses

Case Brief

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Parties

The State

Applicant

Freddy Ramathibe Mabape

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused, Freddy Ramathibe Mabape, intentionally and unlawfully killed the deceased, Khungeka Rwexwana, by stabbing her with a knife.
  2. 2 Whether the murder was premeditated as alleged by the State.
  3. 3 Whether the dying declaration made by the deceased to her sister is admissible and reliable evidence.

Ratio Decidendi

The court found that the accused was the last person seen with the deceased, placed himself at the scene, and confirmed key aspects of the State witnesses' evidence. The dying declaration made by the deceased to her sister Pozi was admitted as hearsay evidence under section 3(1)(c) of the Law of Evidence Amendment Act, supported by corroboration and reliability. The accused's own admissions and conduct after the incident, including his statement that he was scared because he had killed a person, further supported the State's case. The evidence of repeated physical abuse and the accused's actions immediately before and after the stabbing established premeditation. The court rejected the...

Court Disposition

The accused, Freddy Ramathibe Mabape, is found guilty of premeditated murder.

Orders

  • The accused is convicted of premeditated murder under section 51(1) of the Criminal Law Amendment Act 105 of 1997.
  • The matter is to proceed to sentencing in accordance with the Minimum Sentences Act.