S v Makhasi (CC108/2006) [2007] ZAECHC 133 (15 July 2007)

S v Makhasi (CC108/2006) [2007] ZAECHC 133 (15 July 2007)

The court found that the first accused, Zonwabele Makhasi, was not proved beyond reasonable doubt to have participated in or had knowledge of the conspiracy to rob Zakubona shop, and was therefore acquitted on all counts. The second accused, Thobani Njili, was found guilty of murder and attempted robbery based on his own admission to police and corroborating forensic and eyewitness evidence, including the blood-stained yellow jacket and DNA analysis. The third, fourth, fifth, and sixth accused were found guilty of attempted robbery, with the fifth accused additionally convicted of receiving stolen property, namely the radio cassette player taken from the deceased's car. The court held...

Citation
[2007] ZAECHC 133
Parties
Applicant: The State; Defendant: Zonwabele Makhasi; Defendant: Thobani Njili; Defendant: Simphiwe Bemke; Defendant: Mphumzi Bentshumani; Defendant: Mzwandile Mkhonqo; Defendant: Mphumzi Mgoqi
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
15 July 2007
Case Number
CC108/2006
Procedural Posture
Criminal Trial / Judgment
Outcome
First accused acquitted on all counts. Second accused convicted of murder and attempted robbery. Third, fourth, fifth, and sixth accused convicted of attempted robbery. Fifth accused additionally convicted of receiving stolen property. All other charges: acquittal.
Judges
A E B Dhlodhlo
Legal Topics
Murder, Attempted Robbery, Receiving Stolen Property, Minimum Sentences, Common Purpose, Admissibility of Confessions
Criminal Law Murder Attempted Robbery Receiving Stolen Property Minimum Sentences Common Purpose Admissibility of Confessions

Case Brief

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Parties

The State

Applicant

Zonwabele Makhasi

Defendant

Thobani Njili

Defendant

Simphiwe Bemke

Defendant

Mphumzi Bentshumani

Defendant

Mzwandile Mkhonqo

Defendant

Mphumzi Mgoqi

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused are guilty of murder, attempted robbery, robbery with aggravating circumstances, unlawful possession of firearms, and receiving stolen property.
  2. 2 Whether the first accused participated in or had knowledge of the conspiracy to rob Zakubona shop.
  3. 3 Whether the statements made by the accused to police officers are admissible as evidence.

Ratio Decidendi

The court found that the first accused, Zonwabele Makhasi, was not proved beyond reasonable doubt to have participated in or had knowledge of the conspiracy to rob Zakubona shop, and was therefore acquitted on all counts. The second accused, Thobani Njili, was found guilty of murder and attempted robbery based on his own admission to police and corroborating forensic and eyewitness evidence, including the blood-stained yellow jacket and DNA analysis. The third, fourth, fifth, and sixth accused were found guilty of attempted robbery, with the fifth accused additionally convicted of receiving stolen property, namely the radio cassette player taken from the deceased's car. The court held...

Court Disposition

First accused acquitted on all counts. Second accused convicted of murder and attempted robbery. Third, fourth, fifth, and sixth accused convicted of attempted robbery. Fifth accused additionally convicted of receiving stolen property. All other charges: acquittal.

Orders

  • First accused Zonwabele Makhasi is found not guilty on all counts.
  • Second accused Thobani Njili is found guilty on counts one (murder) and two (attempted robbery); not guilty on count three.