S v Mabilu and Others (CC66/2018) [2022] ZALMPPHC 19 (31 March 2022)

S v Mabilu and Others (CC66/2018) [2022] ZALMPPHC 19 (31 March 2022)

The court found that the State's case rested on the evidence of two single witnesses, both of whom had prior animosity and possible motives against the accused. The State failed to call available witnesses who could have corroborated or contradicted the direct evidence, raising doubts about the reliability and credibility of its case. The accused presented alibi defences, some of which were corroborated by witnesses and cell phone records, and the State did not prove these alibis to be false beyond reasonable doubt. The court held that the evidence of the single witnesses was unsatisfactory, influenced by motive, and lacked corroboration. The animosity between the parties and the failure...

Citation
[2022] ZALMPPHC 19
Parties
Applicant: The State; Respondent: Kabelo Mapala Mabilu; Respondent: Kopi Bob Phokane; Respondent: Thapelo Kgamara Maebela; Respondent: Robert Marangrang Phoku; Respondent: Marumo Esrom Phoku; Respondent: Lazarus Happy Phoku; Respondent: P[....] C[....] M[....]; Respondent: Reshoketswe Edith Matjie; Respondent: Elias Isaac Maebela; Respondent: Mondry Maredi Maebela; Respondent: Temosho Johannes Mabilo; Respondent: Elson Pakeng Marobane; Respondent: Martin Maebela; Respondent: Mmekeng Aaron Ngoatle; Respondent: Germinah Mahlaka Mabilo
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
31 March 2022
Case Number
CC66/2018
Procedural Posture
Criminal Trial / Final Judgment
Outcome
All accused found not guilty and discharged on all counts.
Judges
Kganyago
Legal Topics
Murder, Arson, Malicious Damage to Property, Public Violence, Alibi Defence, Single Witness Evidence
Criminal Law Murder Arson Malicious Damage to Property Public Violence Alibi Defence Single Witness Evidence

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Parties

The State

Applicant

Kabelo Mapala Mabilu

Respondent

Kopi Bob Phokane

Respondent

Thapelo Kgamara Maebela

Respondent

Robert Marangrang Phoku

Respondent

Marumo Esrom Phoku

Respondent

Lazarus Happy Phoku

Respondent

P[....] C[....] M[....]

Respondent

Reshoketswe Edith Matjie

Respondent

Elias Isaac Maebela

Respondent

Mondry Maredi Maebela

Respondent

Temosho Johannes Mabilo

Respondent

Elson Pakeng Marobane

Respondent

Martin Maebela

Respondent

Mmekeng Aaron Ngoatle

Respondent

Germinah Mahlaka Mabilo

Respondent

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the State proved beyond reasonable doubt that the accused committed the offences charged.
  2. 2 Whether the alibi defences raised by the accused were proved to be false beyond reasonable doubt.
  3. 3 Whether the evidence of single witnesses for the State was reliable and credible.

Ratio Decidendi

The court found that the State's case rested on the evidence of two single witnesses, both of whom had prior animosity and possible motives against the accused. The State failed to call available witnesses who could have corroborated or contradicted the direct evidence, raising doubts about the reliability and credibility of its case. The accused presented alibi defences, some of which were corroborated by witnesses and cell phone records, and the State did not prove these alibis to be false beyond reasonable doubt. The court held that the evidence of the single witnesses was unsatisfactory, influenced by motive, and lacked corroboration. The animosity between the parties and the failure...

Court Disposition

All accused found not guilty and discharged on all counts.

Orders

  • All accused are acquitted and discharged on all charges.