S v Mpangane and Another (CC12/2022) [2024] ZAMPMBHC 88 (28 June 2024)

S v Mpangane and Another (CC12/2022) [2024] ZAMPMBHC 88 (28 June 2024)

The court found that the State proved beyond reasonable doubt that Accused 1 and Accused 2, acting in furtherance of a common purpose, committed multiple offences including murder, attempted murder, assault with intent to do grievous bodily harm, kidnapping, arson, and unlawful possession of firearms and ammunition. The identification evidence, though challenged, was corroborated by prior knowledge, opportunity for observation, and circumstantial evidence. The alibi defences of both accused were rejected as not reasonably possibly true, given their late disclosure, lack of corroboration, and inconsistencies. The statement of Nontokozo Sweetness Ndlovu, initially admitted as hearsay, was...

Citation
[2024] ZAMPMBHC 88
Parties
Applicant: State; Defendant: Skhumbuzo Mpangane; Defendant: Bonginkosi Shakoane
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
28 June 2024
Case Number
CC12/2022
Procedural Posture
Criminal Trial / Final Judgment After Trial
Outcome
Accused 1 found guilty on counts 1, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 26, 27, 28, 29, 30, 31. Accused 2 found guilty on counts 9, 10, 11, 12, 13, 14, 26, 27, 28, 29, 30, 31. Accused 2 discharged and found not guilty on counts 1, 2, 3. Accused 1 found not guilty on count 2.
Judges
Greyling-Coetzer
Legal Topics
Murder, Attempted Murder, Assault With Intent to Do Grievous Bodily Harm, Kidnapping, Arson, Firearms Control Act, Common Purpose
Criminal Law Murder Attempted Murder Assault With Intent to Do Grievous Bodily Harm Kidnapping Arson Firearms Control Act Common Purpose

Case Brief

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Parties

State

Applicant

Skhumbuzo Mpangane

Defendant

Bonginkosi Shakoane

Defendant

Procedural Posture

Criminal Trial / Final Judgment After Trial

Legal Issues

  1. 1 Whether the State proved the identity of the accused as perpetrators of the charged offences beyond reasonable doubt.
  2. 2 Whether the evidence of the witness Nontokozo Sweetness Ndlovu, both hearsay and viva voce, should be admitted and what weight should be attached to it.
  3. 3 Whether the accused's alibi defences are reasonably possibly true.

Ratio Decidendi

The court found that the State proved beyond reasonable doubt that Accused 1 and Accused 2, acting in furtherance of a common purpose, committed multiple offences including murder, attempted murder, assault with intent to do grievous bodily harm, kidnapping, arson, and unlawful possession of firearms and ammunition. The identification evidence, though challenged, was corroborated by prior knowledge, opportunity for observation, and circumstantial evidence. The alibi defences of both accused were rejected as not reasonably possibly true, given their late disclosure, lack of corroboration, and inconsistencies. The statement of Nontokozo Sweetness Ndlovu, initially admitted as hearsay, was...

Court Disposition

Accused 1 found guilty on counts 1, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 26, 27, 28, 29, 30, 31. Accused 2 found guilty on counts 9, 10, 11, 12, 13, 14, 26, 27, 28, 29, 30, 31. Accused 2 discharged and found not guilty on counts 1, 2, 3. Accused 1 found not guilty on count 2.

Orders

  • Accused 1 is convicted on counts 1, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 26, 27, 28, 29, 30, 31.
  • Accused 2 is convicted on counts 9, 10, 11, 12, 13, 14, 26, 27, 28, 29, 30, 31.