S v Mkhabela (22/2009) [2010] ZAGPJHC 171 (10 May 2010)

S v Mkhabela (22/2009) [2010] ZAGPJHC 171 (10 May 2010)

On the charge of assault, the court found that the accused unlawfully and intentionally slapped Mr. Sevha Nuel Mabundla, rejecting the accused's exculpatory version as palpably false and contradicted by both his own witnesses and the State's evidence. The court accepted the corroborated testimony of the State witnesses and found that the accused was not under attack nor acting in self-defence. On the charge of murder, the court held that the State failed to prove beyond reasonable doubt that the accused unlawfully and intentionally killed Mr. Owen Mabundla. The evidence regarding the snatching of the firearm was materially contradictory, and the accused's version that the fatal shot...

Citation
[2010] ZAGPJHC 171
Parties
Applicant: The State; Defendant: Jabulani Hlengani Mkhabela
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 May 2010
Case Number
22/2009
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused is acquitted on the charge of murder and convicted on the charge of assault.
Judges
P.A. Meyer
Legal Topics
Murder, Assault, Self Defence, Mens Rea, Burden of Proof
Criminal Law Murder Assault Self Defence Mens Rea Burden of Proof

Case Brief

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Parties

The State

Applicant

Jabulani Hlengani Mkhabela

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased, Mr. Owen Mabundla.
  2. 2 Whether the accused unlawfully and intentionally assaulted Mr. Sevha Nuel Mabundla.
  3. 3 Whether the accused acted in self-defence or in defence of property regarding the murder charge.

Ratio Decidendi

On the charge of assault, the court found that the accused unlawfully and intentionally slapped Mr. Sevha Nuel Mabundla, rejecting the accused's exculpatory version as palpably false and contradicted by both his own witnesses and the State's evidence. The court accepted the corroborated testimony of the State witnesses and found that the accused was not under attack nor acting in self-defence. On the charge of murder, the court held that the State failed to prove beyond reasonable doubt that the accused unlawfully and intentionally killed Mr. Owen Mabundla. The evidence regarding the snatching of the firearm was materially contradictory, and the accused's version that the fatal shot...

Court Disposition

The accused is acquitted on the charge of murder and convicted on the charge of assault.

Orders

  • The accused is found not guilty and discharged on count 1 (murder of Mr. Owen Mabundla).
  • The accused is found guilty as charged on count 2 (assault upon Mr. Sevha Nuel Mabundla).