S v Ndlovu and others (64/99) [1999] ZANWHC 3 (29 September 1999)

S v Ndlovu and others (64/99) [1999] ZANWHC 3 (29 September 1999)

The court found that Aubrey and Themba were guilty of murder with direct intent, as Aubrey stabbed the deceased and Themba inflicted a second fatal blow while the deceased was still alive. Their conduct demonstrated active association and intent to kill, satisfying the requirements for common purpose liability. Eric and Michael, although present and armed, did not stab the deceased but tripped and kicked him after the fatal wounds were inflicted. The evidence did not establish that their actions causally contributed to the death. Accordingly, Eric and Michael were found guilty of attempted murder, as their participation amounted to an attempt rather than murder. The court rejected the...

Citation
[1999] ZANWHC 3
Parties
Applicant: The State; Respondent: Aubrey Seuntjie Ndlovu; Respondent: Themba; Respondent: Eric Kereng Khotlele; Respondent: Michael Gaolatlhe Gaboutlwele
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
29 September 1999
Case Number
64/99
Procedural Posture
Criminal Trial / Final Judgment
Outcome
Accused 1 (Aubrey Seuntjie Ndlovu) and Accused 2 (Themba) found guilty of murder with direct intent. Accused 3 (Eric Kereng Khotlele) and Accused 4 (Michael Gaolatlhe Gaboutlwele) found guilty of attempted murder.
Judges
B E Nkabinde
Legal Topics
Murder, Attempted Murder, Common Purpose, Mens Rea, Credibility of Witnesses
Criminal Law Murder Attempted Murder Common Purpose Mens Rea Credibility of Witnesses

Case Brief

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Parties

The State

Applicant

Aubrey Seuntjie Ndlovu

Respondent

Themba

Respondent

Eric Kereng Khotlele

Respondent

Michael Gaolatlhe Gaboutlwele

Respondent

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused assaulted and killed the deceased.
  2. 2 Whether the State proved common purpose among the accused.
  3. 3 Whether Eric and Michael are criminally liable for murder or attempted murder.

Ratio Decidendi

The court found that Aubrey and Themba were guilty of murder with direct intent, as Aubrey stabbed the deceased and Themba inflicted a second fatal blow while the deceased was still alive. Their conduct demonstrated active association and intent to kill, satisfying the requirements for common purpose liability. Eric and Michael, although present and armed, did not stab the deceased but tripped and kicked him after the fatal wounds were inflicted. The evidence did not establish that their actions causally contributed to the death. Accordingly, Eric and Michael were found guilty of attempted murder, as their participation amounted to an attempt rather than murder. The court rejected the...

Court Disposition

Accused 1 (Aubrey Seuntjie Ndlovu) and Accused 2 (Themba) found guilty of murder with direct intent. Accused 3 (Eric Kereng Khotlele) and Accused 4 (Michael Gaolatlhe Gaboutlwele) found guilty of attempted murder.

Orders

  • Accused 1 and Accused 2 are convicted of murder with direct intent.
  • Accused 3 and Accused 4 are convicted of attempted murder.