S v Makhenke (SS92/2021) [2022] ZAGPJHC 165 (22 March 2022)

S v Makhenke (SS92/2021) [2022] ZAGPJHC 165 (22 March 2022)

The court found that the State failed to prove beyond reasonable doubt that Mr. Makhenke planned or intended to kill either Mawande Mafuya or Siphiwe Buthelezi. The only witness for the State, Wandile Mafuya, was unreliable, self-contradictory, and failed to establish that Mr. Makhenke knew Siphiwe was present or that he uttered words indicating intent to kill. The accused's plea explanation, which was not contradicted by reliable evidence, suggested the fire was set recklessly to attract attention, not to kill. However, Mr. Makhenke must have foreseen the possibility of death or serious injury to anyone in the room and reconciled himself to that risk. He is therefore guilty of the murder...

Citation
[2022] ZAGPJHC 165
Parties
Applicant: The State; Defendant: Thembilizwe Makhenke
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 March 2022
Case Number
SS92/2021
Procedural Posture
Criminal Trial / Verdict
Outcome
The accused is acquitted on both counts of premeditated murder. He is convicted of the murder of Mawande Mafuya (dolus eventualis), culpable homicide of Siphiwe Chris Buthelezi, and arson.
Judges
Wilson
Legal Topics
Murder, Culpable Homicide, Arson, Intention, Foreseeability
Criminal Law Murder Culpable Homicide Arson Intention Foreseeability

Case Brief

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Parties

The State

Applicant

Thembilizwe Makhenke

Defendant

Procedural Posture

Criminal Trial / Verdict

Legal Issues

  1. 1 Whether the accused is guilty of premeditated murder of Mawande Mafuya.
  2. 2 Whether the accused is guilty of premeditated murder of Siphiwe Chris Buthelezi.
  3. 3 Whether the accused is guilty of arson.

Ratio Decidendi

The court found that the State failed to prove beyond reasonable doubt that Mr. Makhenke planned or intended to kill either Mawande Mafuya or Siphiwe Buthelezi. The only witness for the State, Wandile Mafuya, was unreliable, self-contradictory, and failed to establish that Mr. Makhenke knew Siphiwe was present or that he uttered words indicating intent to kill. The accused's plea explanation, which was not contradicted by reliable evidence, suggested the fire was set recklessly to attract attention, not to kill. However, Mr. Makhenke must have foreseen the possibility of death or serious injury to anyone in the room and reconciled himself to that risk. He is therefore guilty of the murder...

Court Disposition

The accused is acquitted on both counts of premeditated murder. He is convicted of the murder of Mawande Mafuya (dolus eventualis), culpable homicide of Siphiwe Chris Buthelezi, and arson.

Orders

  • The accused is found GUILTY of the murder of Mawande Mafuya.
  • The accused is found GUILTY of the culpable homicide of Siphiwe Chris Buthelezi.