S v Morudu and Others (CC 184/05) [2006] ZANWHC 59 (11 September 2006)

S v Morudu and Others (CC 184/05) [2006] ZANWHC 59 (11 September 2006)

The court found that Accused 3 was guilty of housebreaking with intent to steal and theft based on his own admissions and corroborating evidence. The evidence did not support conviction of Accused 1 and 2 on this count due to lack of reliable corroboration. On the robbery charge, the court held that all three accused acted together with a common purpose to rob the victims, and their coordinated actions established joint enterprise. Regarding the murder of Ephraim Maphuruma, Accused 1 was found to have pulled the trigger, but Accused 2 and 3 were also liable under the doctrine of common purpose, as they actively participated and foresaw the possibility of death resulting from their...

Citation
[2006] ZANWHC 59
Parties
Applicant: The State; Defendant: Japie Morudu; Defendant: Accused 2; Defendant: Accused 3
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
11 September 2006
Case Number
CC 184/05
Procedural Posture
Criminal Trial / Judgment
Outcome
Accused 3 is found guilty of housebreaking with intent to steal and theft. All three accused are found guilty of robbery with aggravating circumstances. Accused 1 is found guilty of the murder of Ephraim Maphuruma and Jacob Lekgetho. Accused 1 and 3 are found guilty of rape. Accused 3 is acquitted on the murder of...
Judges
Gura
Legal Topics
Housebreaking, Robbery With Aggravating Circumstances, Murder, Rape, Common Purpose, Possession of Firearm
Criminal Law Housebreaking Robbery With Aggravating Circumstances Murder Rape Common Purpose Possession of Firearm

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Parties

The State

Applicant

Japie Morudu

Defendant

Accused 2

Defendant

Accused 3

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused are guilty of housebreaking with intent to steal and theft.
  2. 2 Whether the accused are guilty of robbery with aggravating circumstances.
  3. 3 Whether the accused are guilty of murder under the doctrine of common purpose.

Ratio Decidendi

The court found that Accused 3 was guilty of housebreaking with intent to steal and theft based on his own admissions and corroborating evidence. The evidence did not support conviction of Accused 1 and 2 on this count due to lack of reliable corroboration. On the robbery charge, the court held that all three accused acted together with a common purpose to rob the victims, and their coordinated actions established joint enterprise. Regarding the murder of Ephraim Maphuruma, Accused 1 was found to have pulled the trigger, but Accused 2 and 3 were also liable under the doctrine of common purpose, as they actively participated and foresaw the possibility of death resulting from their...

Court Disposition

Accused 3 is found guilty of housebreaking with intent to steal and theft. All three accused are found guilty of robbery with aggravating circumstances. Accused 1 is found guilty of the murder of Ephraim Maphuruma and Jacob Lekgetho. Accused 1 and 3 are found guilty of rape. Accused 3 is acquitted on the murder of...

Orders

  • Accused 1 and 2 are acquitted on count 1 (housebreaking with intent to steal and theft).
  • Accused 3 is convicted on count 1 (housebreaking with intent to steal and theft).