S v Myaka and Others [2006] ZAGPHC 257; 15/05/01 (12 September 2006)

S v Myaka and Others [2006] ZAGPHC 257; 15/05/01 (12 September 2006)

The court found that the evidence of Shonisile Dube, corroborated by the accused's own statements and objective ballistics evidence, established that accused 1 and accused 3 were present and armed during the murders. Accused 2's own admission placed him at the scene, and his reaction upon seeing Shonisile Dube after arrest indicated his involvement. The statements of accused 1 and accused 2 were ruled admissible, having been made freely and voluntarily. The doctrine of common purpose applied to all three accused for the murder charges, as their conduct and association demonstrated a joint enterprise. However, the State conceded that common purpose did not extend to possession of firearms...

Citation
[2006] ZAGPHC 257
Parties
Applicant: The State; Defendant: Celamandla Disco Myaka; Defendant: Lungisani Dennis Mahlabane; Defendant: Sifaneleyena Elias Ndlovu
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
12 September 2006
Case Number
215/05
Procedural Posture
Criminal Trial / Verdict and Judgment
Outcome
Accused 1, accused 2, and accused 3 are found guilty of housebreaking with intent to commit murder and murder (count 1). Accused 1 and accused 3 are found guilty of unlawful possession of a firearm (count 3) and ammunition (count 4). Accused 2 is acquitted on counts 3 and 4.
Judges
Willis
Legal Topics
Common Purpose, Admissibility of Statements, Murder, Unlawful Possession of Firearms, Unlawful Possession of Ammunition
Criminal Law Common Purpose Admissibility of Statements Murder Unlawful Possession of Firearms Unlawful Possession of Ammunition

Case Brief

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Parties

The State

Applicant

Celamandla Disco Myaka

Defendant

Lungisani Dennis Mahlabane

Defendant

Sifaneleyena Elias Ndlovu

Defendant

Procedural Posture

Criminal Trial / Verdict and Judgment

Legal Issues

  1. 1 Whether the accused are guilty of housebreaking with intent to commit murder and murder.
  2. 2 Whether the accused are guilty of the murder of Thembelihle Zuma.
  3. 3 Whether the accused are guilty of unlawful possession of firearms and ammunition.

Ratio Decidendi

The court found that the evidence of Shonisile Dube, corroborated by the accused's own statements and objective ballistics evidence, established that accused 1 and accused 3 were present and armed during the murders. Accused 2's own admission placed him at the scene, and his reaction upon seeing Shonisile Dube after arrest indicated his involvement. The statements of accused 1 and accused 2 were ruled admissible, having been made freely and voluntarily. The doctrine of common purpose applied to all three accused for the murder charges, as their conduct and association demonstrated a joint enterprise. However, the State conceded that common purpose did not extend to possession of firearms...

Court Disposition

Accused 1, accused 2, and accused 3 are found guilty of housebreaking with intent to commit murder and murder (count 1). Accused 1 and accused 3 are found guilty of unlawful possession of a firearm (count 3) and ammunition (count 4). Accused 2 is acquitted on counts 3 and 4.

Orders

  • Accused 1, accused 2, and accused 3 are each found guilty on count 1 (housebreaking with intent to commit murder and murder).
  • Accused 1, accused 2, and accused 3 are each found guilty on count 2 (murder of Thembelihle Zuma).