S v Mzizi (CC 7/2001) [2007] ZANWHC 33 (19 July 2007)

S v Mzizi (CC 7/2001) [2007] ZANWHC 33 (19 July 2007)

The court found that most grounds raised by the applicant for a special entry were without merit. The evidence regarding the applicant's nickname was corroborated by multiple witnesses, including the applicant himself, and did not prejudice him. The alleged incompetence of counsel was not substantiated, as there was no evidence that relevant witnesses were prevented from testifying or that the applicant's instructions were ignored. The court, however, granted the applicant the benefit of the doubt regarding the admissibility of the dying declaration 'That's Gugu' as hearsay evidence, allowing a special entry for another court to determine its admissibility. The application for condonation...

Citation
[2007] ZANWHC 33
Parties
Applicant: Gugulethu Edmund Mzizi; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
19 July 2007
Case Number
CC 7/2001
Procedural Posture
Leave to Appeal / Application for Special Entry and Condonation for Late Filing Under Section 317 of the Criminal Procedure Act
Outcome
Special entry granted on the admissibility of the dying declaration; condonation for late filing granted; all other grounds dismissed.
Judges
M M Leeuw
Legal Topics
Hearsay Evidence, Dying Declaration, Special Entry, Condonation, Competence of Counsel
Criminal Law Hearsay Evidence Dying Declaration Special Entry Condonation Competence of Counsel

Case Brief

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Parties

Gugulethu Edmund Mzizi

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Special Entry and Condonation for Late Filing Under Section 317 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the statement 'That's Gugu' made by the deceased was inadmissible hearsay evidence.
  2. 2 Whether the applicant was prejudiced by the admission of hearsay and other evidence.
  3. 3 Whether the applicant's counsel was incompetent, resulting in an unfair trial.

Ratio Decidendi

The court found that most grounds raised by the applicant for a special entry were without merit. The evidence regarding the applicant's nickname was corroborated by multiple witnesses, including the applicant himself, and did not prejudice him. The alleged incompetence of counsel was not substantiated, as there was no evidence that relevant witnesses were prevented from testifying or that the applicant's instructions were ignored. The court, however, granted the applicant the benefit of the doubt regarding the admissibility of the dying declaration 'That's Gugu' as hearsay evidence, allowing a special entry for another court to determine its admissibility. The application for condonation...

Court Disposition

Special entry granted on the admissibility of the dying declaration; condonation for late filing granted; all other grounds dismissed.

Orders

  • A special entry is made in terms of section 317 of the Criminal Procedure Act: The admission of the statement 'That's Gugu' uttered by the deceased Captain Tatisi after he was shot and before he died on 10 December 1998 is hearsay and inadmissible; the court ought not to have admitted it as evidence.
  • The application for condonation of the late filing of the application in terms of section 317 of the Act is granted.