S v Matlala (247/2007) [2010] ZAGPJHC 172 (31 March 2010)

S v Matlala (247/2007) [2010] ZAGPJHC 172 (31 March 2010)

The court found that the accused's version was riddled with contradictions and was not credible. The evidence of the eyewitness, Mr. Solomon Mathaba, was found to be reliable and corroborated by the medical findings of Dr. Jessop, which indicated the fatal wound was consistent with the deceased turning and running away. The hearsay statement of William Mosete was admitted, as its reliability was supported by corroboration and the interests of justice. The accused's allegations of collusion and corruption were found to be improbable and unsupported. The totality of the evidence proved beyond reasonable doubt that the accused acted with dolus eventualis, foreseeing the possibility of death...

Citation
[2010] ZAGPJHC 172
Parties
Applicant: The State; Defendant: Alpheus Phuthi Matlala
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
31 March 2010
Case Number
247/2007
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused is found guilty of the murder of the late Mr. Daniel Matome Bopape.
Judges
P.A. Meyer
Legal Topics
Murder, Dolus Eventualis, Admissibility of Hearsay, Credibility of Witnesses, Single Witness Rule
Criminal Law Murder Dolus Eventualis Admissibility of Hearsay Credibility of Witnesses Single Witness Rule

Case Brief

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Parties

The State

Applicant

Alpheus Phuthi Matlala

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased.
  2. 2 Whether the accused acted with dolus eventualis when firing the fatal shot.
  3. 3 Whether the hearsay statement of the late William Mosete should be admitted as evidence.

Ratio Decidendi

The court found that the accused's version was riddled with contradictions and was not credible. The evidence of the eyewitness, Mr. Solomon Mathaba, was found to be reliable and corroborated by the medical findings of Dr. Jessop, which indicated the fatal wound was consistent with the deceased turning and running away. The hearsay statement of William Mosete was admitted, as its reliability was supported by corroboration and the interests of justice. The accused's allegations of collusion and corruption were found to be improbable and unsupported. The totality of the evidence proved beyond reasonable doubt that the accused acted with dolus eventualis, foreseeing the possibility of death...

Court Disposition

The accused is found guilty of the murder of the late Mr. Daniel Matome Bopape.

Orders

  • The accused is convicted of murder.