S v Mokoane and Others (CC65/19) [2024] ZAGPPHC 679 (19 July 2024)

S v Mokoane and Others (CC65/19) [2024] ZAGPPHC 679 (19 July 2024)

The court found that no evidence was led implicating accused no 5, Kabelo Masemola, in any of the offences charged. The section 204 witness did not mention accused no 5, and no other State witness or cellular data linked him to the crimes. The alleged pointing out by accused no 5 was excluded. Section 219 of the Criminal Procedure Act prohibits the admission of confessions made by co-accused against another accused. As a result, there was no admissible evidence before the court connecting accused no 5 to the offences. In terms of section 174 of the Criminal Procedure Act, the court is obliged to discharge an accused where there is no evidence implicating him. The application for discharge...

Citation
[2024] ZAGPPHC 679
Parties
Applicant: The State; Defendant: Kgaukegelo Godfrey Mokoane; Defendant: Sello Bradley Senyatsi; Defendant: Boitumelo Daniel Aphane; Defendant: Lucas Mudau; Defendant: Kabelo Masemola; Defendant: Pitso Steven Kgotsane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 July 2024
Case Number
CC65/19
Procedural Posture
Criminal Law / Section 174 Discharge Application After Close of Prosecution Case
Outcome
Application for discharge in terms of section 174 of the Criminal Procedure Act granted for accused no 5 on all counts.
Judges
M A Lukhaimane
Legal Topics
Section 174 Discharge, Admissibility of Confessions, Burden of Proof, Acquittal Procedure
Criminal Law Section 174 Discharge Admissibility of Confessions Burden of Proof Acquittal Procedure

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Parties

The State

Applicant

Kgaukegelo Godfrey Mokoane

Defendant

Sello Bradley Senyatsi

Defendant

Boitumelo Daniel Aphane

Defendant

Lucas Mudau

Defendant

Kabelo Masemola

Defendant

Pitso Steven Kgotsane

Defendant

Procedural Posture

Criminal Law / Section 174 Discharge Application After Close of Prosecution Case

Legal Issues

  1. 1 Whether there is any evidence implicating accused no 5 in the offences charged.
  2. 2 Whether extra-curial confessions by co-accused are admissible against accused no 5.
  3. 3 Whether accused no 5 should be discharged in terms of section 174 of the Criminal Procedure Act.

Ratio Decidendi

The court found that no evidence was led implicating accused no 5, Kabelo Masemola, in any of the offences charged. The section 204 witness did not mention accused no 5, and no other State witness or cellular data linked him to the crimes. The alleged pointing out by accused no 5 was excluded. Section 219 of the Criminal Procedure Act prohibits the admission of confessions made by co-accused against another accused. As a result, there was no admissible evidence before the court connecting accused no 5 to the offences. In terms of section 174 of the Criminal Procedure Act, the court is obliged to discharge an accused where there is no evidence implicating him. The application for discharge...

Court Disposition

Application for discharge in terms of section 174 of the Criminal Procedure Act granted for accused no 5 on all counts.

Orders

  • Accused no 5, Kabelo Masemola, is discharged on all counts in terms of section 174 of the Criminal Procedure Act.