S v Makom and Another (CC1/2007) [2007] ZAECHC 130 (9 March 2007)

S v Makom and Another (CC1/2007) [2007] ZAECHC 130 (9 March 2007)

The Court found that the evidence of the State witnesses, Fanti and Maweni, was credible and reliable. Both witnesses knew the accused well and had adequate opportunity to observe the attack under good lighting conditions. Their accounts were consistent regarding the identity of the assailants and the sequence of events, despite minor discrepancies about the weapons used. The accused's versions were found to be improbable and unsupported by objective evidence. The first accused's claim of self-defence was rejected due to lack of corroboration and the nature of the injuries inflicted on the deceased. The second accused's alibi was not supported by any witness and was raised only at trial....

Citation
[2007] ZAECHC 130
Parties
Applicant: The State; Defendant: Dumisa Makom; Defendant: Thembela Makom
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
9 March 2007
Case Number
CC1/2007
Procedural Posture
Criminal Trial / Judgment
Outcome
Both accused found guilty of murder as charged.
Judges
A E B Dhlodhlo
Legal Topics
Murder, Common Purpose, Minimum Sentences, Alibi Defence, Credibility of Witnesses
Criminal Law Murder Common Purpose Minimum Sentences Alibi Defence Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Dumisa Makom

Defendant

Thembela Makom

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased.
  2. 2 Whether the accused acted in furtherance of a common purpose.
  3. 3 Whether the second accused's alibi defence is credible.

Ratio Decidendi

The Court found that the evidence of the State witnesses, Fanti and Maweni, was credible and reliable. Both witnesses knew the accused well and had adequate opportunity to observe the attack under good lighting conditions. Their accounts were consistent regarding the identity of the assailants and the sequence of events, despite minor discrepancies about the weapons used. The accused's versions were found to be improbable and unsupported by objective evidence. The first accused's claim of self-defence was rejected due to lack of corroboration and the nature of the injuries inflicted on the deceased. The second accused's alibi was not supported by any witness and was raised only at trial....

Court Disposition

Both accused found guilty of murder as charged.

Orders

  • Both accused are convicted of murder.
  • The matter is postponed for sentencing in accordance with the Criminal Law Amendment Act 105 of 1997.