S v Ndlovu and Others (CCD46/2019) [2023] ZAKZDHC 20 (26 April 2023)

S v Ndlovu and Others (CCD46/2019) [2023] ZAKZDHC 20 (26 April 2023)

The court found that the evidence, both direct and circumstantial, established beyond reasonable doubt that the accused conspired to murder Thulani Lawrence Nxumalo and executed the plan with common purpose. The testimonies of accomplice witnesses were credible and corroborated by other evidence, including admissions and confessions. The accused's alibis were vague, unsubstantiated, and contradicted by the evidence. The court ruled that the confessions and extra-curial admissions were made freely and voluntarily and were admissible. The conduct of the accused in relation to the firearm and ammunition satisfied the requirements for unlawful possession under the Firearms Control Act. The...

Citation
[2023] ZAKZDHC 20
Parties
Applicant: The State; Defendant: Felokwakhe Fanuel Mhle Ndlovu; Defendant: Nkosiyanda Ndlovu; Defendant: Nkosinathi Mbambo
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
26 April 2023
Case Number
CCD46/2019
Procedural Posture
Criminal Trial / Conviction and Indemnity Order
Outcome
All three accused are convicted on all counts. Accomplice witnesses are indemnified from prosecution on specified counts.
Judges
Lopes, K Mehta
Legal Topics
Conspiracy to Murder, Murder, Common Purpose, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Accomplice Indemnity
Criminal Law Conspiracy to Murder Murder Common Purpose Unlawful Possession of Firearm Unlawful Possession of Ammunition Accomplice Indemnity

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Parties

The State

Applicant

Felokwakhe Fanuel Mhle Ndlovu

Defendant

Nkosiyanda Ndlovu

Defendant

Nkosinathi Mbambo

Defendant

Procedural Posture

Criminal Trial / Conviction and Indemnity Order

Legal Issues

  1. 1 Whether the accused conspired to murder Thulani Lawrence Nxumalo.
  2. 2 Whether the accused committed the murder of Thulani Lawrence Nxumalo.
  3. 3 Whether the accused were in unlawful possession of a prohibited firearm and ammunition at the time of the murder.

Ratio Decidendi

The court found that the evidence, both direct and circumstantial, established beyond reasonable doubt that the accused conspired to murder Thulani Lawrence Nxumalo and executed the plan with common purpose. The testimonies of accomplice witnesses were credible and corroborated by other evidence, including admissions and confessions. The accused's alibis were vague, unsubstantiated, and contradicted by the evidence. The court ruled that the confessions and extra-curial admissions were made freely and voluntarily and were admissible. The conduct of the accused in relation to the firearm and ammunition satisfied the requirements for unlawful possession under the Firearms Control Act. The...

Court Disposition

All three accused are convicted on all counts. Accomplice witnesses are indemnified from prosecution on specified counts.

Orders

  • Celani Dlamini and Mzikayise Makhubalo are indemnified under s 204 of the Criminal Procedure Act from prosecution on counts 1-4.
  • Sphephelo Goodboy Ndlovu is indemnified under s 204 of the Criminal Procedure Act from prosecution on counts 3 and 4 (including the alternative to count 3).