S v Mdlalose (SS23/2018) [2021] ZAGPJHC 880 (6 December 2021)

S v Mdlalose (SS23/2018) [2021] ZAGPJHC 880 (6 December 2021)

The court found that the State proved beyond reasonable doubt that the accused committed three murders, two attempted murders, kidnapping, assault, unlawful possession of firearms and ammunition, reckless endangerment, discharge of a firearm in a built-up area, and pointing of a firearm. The accused's denials and alibi were rejected as false and not reasonably possibly true. The court relied on direct eyewitness testimony, forensic ballistic evidence linking the firearm to multiple crime scenes, DNA evidence, and cellular phone records placing the accused near the scenes at relevant times. The accused's admissions under section 220 of the Criminal Procedure Act further corroborated the...

Citation
[2021] ZAGPJHC 880
Parties
Applicant: The State; Respondent: Mluleki Welcome Mdlalose
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 December 2021
Case Number
SS23/2018
Procedural Posture
Criminal Trial / Conviction Judgment
Outcome
The accused is found guilty on multiple counts including murder, attempted murder, kidnapping, assault, unlawful possession of firearms and ammunition, reckless endangerment, discharge of a firearm in a built-up area, and pointing of a firearm. The accused is acquitted on one count of attempted murder and one count...
Judges
Strydom
Legal Topics
Murder, Attempted Murder, Kidnapping, Assault, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Reckless Endangerment, Discharge of Firearm, Pointing of Firearm
Criminal Law Murder Attempted Murder Kidnapping Assault Unlawful Possession of Firearm Unlawful Possession of Ammunition Reckless Endangerment +2 more

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Parties

The State

Applicant

Mluleki Welcome Mdlalose

Respondent

Procedural Posture

Criminal Trial / Conviction Judgment

Legal Issues

  1. 1 Whether the accused committed murder on three separate occasions.
  2. 2 Whether the accused committed attempted murder, kidnapping, assault, and other related offences.
  3. 3 Whether the accused was in unlawful possession of firearms and ammunition.

Ratio Decidendi

The court found that the State proved beyond reasonable doubt that the accused committed three murders, two attempted murders, kidnapping, assault, unlawful possession of firearms and ammunition, reckless endangerment, discharge of a firearm in a built-up area, and pointing of a firearm. The accused's denials and alibi were rejected as false and not reasonably possibly true. The court relied on direct eyewitness testimony, forensic ballistic evidence linking the firearm to multiple crime scenes, DNA evidence, and cellular phone records placing the accused near the scenes at relevant times. The accused's admissions under section 220 of the Criminal Procedure Act further corroborated the...

Court Disposition

The accused is found guilty on multiple counts including murder, attempted murder, kidnapping, assault, unlawful possession of firearms and ammunition, reckless endangerment, discharge of a firearm in a built-up area, and pointing of a firearm. The accused is acquitted on one count of attempted murder and one count...

Orders

  • The accused is convicted on count 1 (murder) read with section 51(2) of the Criminal Law Amendment Act 105 of 1997.
  • The accused is convicted on counts 2, 7, 12, 16, 19, 21, and 24 (unlawful possession of a firearm).