S v Mathibela and Others (CC 134/05) [2005] ZANWHC 84 (14 November 2005)

S v Mathibela and Others (CC 134/05) [2005] ZANWHC 84 (14 November 2005)

The court found Desmond Moletsane to be a credible and reliable witness despite his intoxication, and his evidence was corroborated by the forensic link between the firearm found at accused 2's house and the murder. The accused's explanations were inconsistent and not reasonably possibly true. The court held that the accused acted with common purpose to rob and murder the deceased. There was insufficient evidence that anything was stolen, but the crime of attempted robbery was proved. Accused 2 was found guilty of unlawful possession of firearms and ammunition, as he was aware of their presence in his house. Accused 1 and 3 were acquitted on possession charges due to lack of evidence of...

Citation
[2005] ZANWHC 84
Parties
Applicant: The State; Respondent: Bafana Jerry Mathibela; Respondent: Augustinus Masia Molise; Respondent: Steve Matlotleng Uwane
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
14 November 2005
Case Number
CC 134/05
Procedural Posture
Criminal Trial / Judgment
Outcome
All accused found guilty of murder and attempted robbery. Accused 2 found guilty of unlawful possession of firearms and ammunition. All accused acquitted on conspiracy charge.
Judges
Gura
Legal Topics
Murder, Attempted Robbery, Unlawful Possession of Firearms, Unlawful Possession of Ammunition, Common Purpose, Single Witness Rule
Criminal Law Murder Attempted Robbery Unlawful Possession of Firearms Unlawful Possession of Ammunition Common Purpose Single Witness Rule

Case Brief

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Parties

The State

Applicant

Bafana Jerry Mathibela

Respondent

Augustinus Masia Molise

Respondent

Steve Matlotleng Uwane

Respondent

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused are guilty of murder under section 51(1) of Act 105 of 1977.
  2. 2 Whether the accused are guilty of armed robbery or attempted robbery.
  3. 3 Whether the accused are guilty of unlawful possession of firearms and ammunition under Act 60 of 2000.

Ratio Decidendi

The court found Desmond Moletsane to be a credible and reliable witness despite his intoxication, and his evidence was corroborated by the forensic link between the firearm found at accused 2's house and the murder. The accused's explanations were inconsistent and not reasonably possibly true. The court held that the accused acted with common purpose to rob and murder the deceased. There was insufficient evidence that anything was stolen, but the crime of attempted robbery was proved. Accused 2 was found guilty of unlawful possession of firearms and ammunition, as he was aware of their presence in his house. Accused 1 and 3 were acquitted on possession charges due to lack of evidence of...

Court Disposition

All accused found guilty of murder and attempted robbery. Accused 2 found guilty of unlawful possession of firearms and ammunition. All accused acquitted on conspiracy charge.

Orders

  • All accused are found guilty as charged on count 1 (murder).
  • All accused are found guilty of attempted robbery on count 2.