S v Matshimela (200/00) [2001] ZAGPHC 12 (29 March 2001)

S v Matshimela (200/00) [2001] ZAGPHC 12 (29 March 2001)

The court found that the accused, a police officer, shot and killed the deceased while the deceased was running away, with his back turned. The accused could not reasonably have believed his life was in danger, nor was he entitled to shoot a fleeing suspect. The accused's claim of self-defence was rejected due to contradictions and lack of credible evidence. The accused unlawfully possessed and used the R5 assault rifle and ammunition without proper authorization, and the vehicle he was driving was clearly stolen. The accused's possession of counterfeit bank notes and a revolver without a licence was also established. The court held that the accused acted with at least dolus eventualis,...

Citation
[2001] ZAGPHC 12
Parties
Applicant: The State; Defendant: Andrew Matshimela
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
29 March 2001
Case Number
200/00
Procedural Posture
Criminal Trial / Verdict
Outcome
The accused was found guilty on all six counts: murder, theft of the R5 assault rifle, unlawful possession of a machine gun, unlawful possession of ammunition, theft of the Toyota Corolla, and unlawful possession of counterfeit bank notes.
Judges
Willis
Legal Topics
Murder, Theft, Unlawful Possession of Firearms, Unlawful Possession of Ammunition, Unlawful Possession of Counterfeit Banknotes, Dolus Eventualis
Criminal Law Murder Theft Unlawful Possession of Firearms Unlawful Possession of Ammunition Unlawful Possession of Counterfeit Banknotes Dolus Eventualis

Case Brief

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Parties

The State

Applicant

Andrew Matshimela

Defendant

Procedural Posture

Criminal Trial / Verdict

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed Albert Masendamela.
  2. 2 Whether the accused unlawfully and intentionally stole an R5 assault rifle and a Toyota Corolla.
  3. 3 Whether the accused unlawfully possessed a machine gun and ammunition.

Ratio Decidendi

The court found that the accused, a police officer, shot and killed the deceased while the deceased was running away, with his back turned. The accused could not reasonably have believed his life was in danger, nor was he entitled to shoot a fleeing suspect. The accused's claim of self-defence was rejected due to contradictions and lack of credible evidence. The accused unlawfully possessed and used the R5 assault rifle and ammunition without proper authorization, and the vehicle he was driving was clearly stolen. The accused's possession of counterfeit bank notes and a revolver without a licence was also established. The court held that the accused acted with at least dolus eventualis,...

Court Disposition

The accused was found guilty on all six counts: murder, theft of the R5 assault rifle, unlawful possession of a machine gun, unlawful possession of ammunition, theft of the Toyota Corolla, and unlawful possession of counterfeit bank notes.

Orders

  • On count 1 (murder), the accused is found guilty as charged.
  • On count 2 (theft of R5 assault rifle), the accused is found guilty as charged.