S v Ndlovu and Others (CC90/2017) [2019] ZAECGHC 25; [2019] 2 All SA 773 (ECG) (15 March 2019)

S v Ndlovu and Others (CC90/2017) [2019] ZAECGHC 25; [2019] 2 All SA 773 (ECG) (15 March 2019)

The court found that the State had established a comprehensive and compelling circumstantial case against the accused, supported by forensic evidence linking tranquiliser darts and saws to multiple crime scenes, admissions regarding possession of prohibited substances and ammunition, cellphone records placing the accused near the scenes at relevant times, and rental vehicle records matching the timing of the offences. The court held that the search of chalet 8, Makana Resort, though conducted without a warrant, was admissible under section 35(5) of the Constitution as it did not render the trial unfair or bring the administration of justice into disrepute. The cumulative effect of the...

Citation
[2019] ZAECGHC 25
Parties
Applicant: The State; Defendant: Jabulani John Ndlovu; Defendant: Forget Ndlovu; Defendant: Sibusiso Sani Ndlovu
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
15 March 2019
Case Number
CC90/2017
Procedural Posture
Criminal Trial / Judgment on Merits
Outcome
All three accused are found guilty as charged on counts 1, 6, 21, 26, 31, 41, 51, 56 and 61 (theft of rhino horn). On count 36, accused no 1 and 3 are found guilty of attempted theft of rhino horn; accused no 2 is found not guilty and discharged on this count. On all remaining statutory counts, the accused are found...
Judges
Pickering
Legal Topics
Illegal Hunting, Possession of Prohibited Substances, Firearms Control, Admission of Unconstitutionally Obtained Evidence, Similar Fact Evidence, Circumstantial Evidence
Criminal Law Environmental Law Illegal Hunting Possession of Prohibited Substances Firearms Control Admission of Unconstitutionally Obtained Evidence Similar Fact Evidence Circumstantial Evidence

Case Brief

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Parties

The State

Applicant

Jabulani John Ndlovu

Defendant

Forget Ndlovu

Defendant

Sibusiso Sani Ndlovu

Defendant

Procedural Posture

Criminal Trial / Judgment on Merits

Legal Issues

  1. 1 Whether the accused are guilty of theft of rhino horns and related statutory offences arising from multiple incidents of rhino poaching.
  2. 2 Whether evidence obtained from the search of chalet 8, Makana Resort, without a warrant is admissible under section 35(5) of the Constitution.
  3. 3 Whether circumstantial evidence, including cellphone records, vehicle rentals, forensic analysis of darts and saws, and similar fact evidence, proves the accused's guilt beyond reasonable doubt.

Ratio Decidendi

The court found that the State had established a comprehensive and compelling circumstantial case against the accused, supported by forensic evidence linking tranquiliser darts and saws to multiple crime scenes, admissions regarding possession of prohibited substances and ammunition, cellphone records placing the accused near the scenes at relevant times, and rental vehicle records matching the timing of the offences. The court held that the search of chalet 8, Makana Resort, though conducted without a warrant, was admissible under section 35(5) of the Constitution as it did not render the trial unfair or bring the administration of justice into disrepute. The cumulative effect of the...

Court Disposition

All three accused are found guilty as charged on counts 1, 6, 21, 26, 31, 41, 51, 56 and 61 (theft of rhino horn). On count 36, accused no 1 and 3 are found guilty of attempted theft of rhino horn; accused no 2 is found not guilty and discharged on this count. On all remaining statutory counts, the accused are found...

Orders

  • The accused are convicted on all counts as set out above, except where acquitted as specified.
  • Accused no 2 is acquitted and discharged on count 36 and counts 37–40.