S v Mositoane (17/2025) [2025] ZAFSHC 235 (25 July 2025)

S v Mositoane (17/2025) [2025] ZAFSHC 235 (25 July 2025)

The court found that the State witnesses, Sophie and Tshepo Sebusi, provided credible and consistent evidence that the accused intentionally drove his motor vehicle into both the deceased and the complainant multiple times. The medical and forensic evidence corroborated the eyewitness accounts, showing multiple injuries consistent with repeated impacts. The accused's version was found to be farfetched, inconsistent, and manufactured as an afterthought. The court concluded that the accused acted with direct intent to kill, and that the killing was premeditated, as evidenced by his conduct before, during, and after the incident. The accused's actions were unlawful and intentional, and his...

Citation
[2025] ZAFSHC 235
Parties
Applicant: The State; Defendant: Tshepang Sylvester Mositoane
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 July 2025
Case Number
17/2025
Procedural Posture
Criminal Trial / Judgment on Merits
Outcome
The accused is found guilty of murder (Count 1) and attempted murder (Count 2). Section 51(1) of the Criminal Law Amendment Act 105 of 1997 applies to the murder conviction.
Judges
Ntshulana AJ
Legal Topics
Murder, Attempted Murder, Premeditation, Criminal Intent, Burden of Proof, Criminal Law Amendment Act
Criminal Law Murder Attempted Murder Premeditation Criminal Intent Burden of Proof Criminal Law Amendment Act

Case Brief

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Parties

The State

Applicant

Tshepang Sylvester Mositoane

Defendant

Procedural Posture

Criminal Trial / Judgment on Merits

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased, Motshedisi Selina Sebusi.
  2. 2 Whether the accused unlawfully and intentionally attempted to murder Tshepo Sebusi.
  3. 3 Whether the killing was premeditated and falls under section 51(1) of the Criminal Law Amendment Act 105 of 1997.

Ratio Decidendi

The court found that the State witnesses, Sophie and Tshepo Sebusi, provided credible and consistent evidence that the accused intentionally drove his motor vehicle into both the deceased and the complainant multiple times. The medical and forensic evidence corroborated the eyewitness accounts, showing multiple injuries consistent with repeated impacts. The accused's version was found to be farfetched, inconsistent, and manufactured as an afterthought. The court concluded that the accused acted with direct intent to kill, and that the killing was premeditated, as evidenced by his conduct before, during, and after the incident. The accused's actions were unlawful and intentional, and his...

Court Disposition

The accused is found guilty of murder (Count 1) and attempted murder (Count 2). Section 51(1) of the Criminal Law Amendment Act 105 of 1997 applies to the murder conviction.

Orders

  • Count 1: The accused is found guilty of murder as charged. Section 51(1) of the Criminal Law Amendment Act 105 of 1997 is applicable.
  • Count 2: The accused is found guilty of attempted murder of Mr Tshepiso Sebusi.