S v Ndlovu (CCD30/2025) [2025] ZAKZDHC 52 (5 August 2025)

S v Ndlovu (CCD30/2025) [2025] ZAKZDHC 52 (5 August 2025)

The court found that the accused intentionally and with premeditation murdered his ex-partner and her mother, and attempted to murder his son. The evidence, including forensic findings, witness testimony, and the deceased's affidavit, established a pattern of domestic violence, threats, and goal-directed conduct. The accused's claim of intoxication was rejected as false and contrived, given his ability to recall details before and after the incident and his purposeful actions during the offence. The court held that the accused unlawfully possessed firearms and ammunition on both relevant dates, supported by credible police testimony and forensic analysis. The defence's version was found...

Citation
[2025] ZAKZDHC 52
Parties
Applicant: The State; Defendant: Nkanyiso Collen Ndlovu
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
5 August 2025
Case Number
CCD30/2025
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused is convicted on all counts: two counts of murder, one count of attempted murder, two counts of unlawful possession of firearms, and one count of unlawful possession of ammunition.
Judges
Hlatshwayo AJ
Legal Topics
Murder, Attempted Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Criminal Capacity, Intoxication
Criminal Law Murder Attempted Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Criminal Capacity Intoxication

Case Brief

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Parties

The State

Applicant

Nkanyiso Collen Ndlovu

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused intentionally and with premeditation murdered the deceased persons and attempted to murder his son.
  2. 2 Whether the accused unlawfully possessed firearms and ammunition on the relevant dates.
  3. 3 Whether the accused lacked criminal capacity due to intoxication at the time of the offences.

Ratio Decidendi

The court found that the accused intentionally and with premeditation murdered his ex-partner and her mother, and attempted to murder his son. The evidence, including forensic findings, witness testimony, and the deceased's affidavit, established a pattern of domestic violence, threats, and goal-directed conduct. The accused's claim of intoxication was rejected as false and contrived, given his ability to recall details before and after the incident and his purposeful actions during the offence. The court held that the accused unlawfully possessed firearms and ammunition on both relevant dates, supported by credible police testimony and forensic analysis. The defence's version was found...

Court Disposition

The accused is convicted on all counts: two counts of murder, one count of attempted murder, two counts of unlawful possession of firearms, and one count of unlawful possession of ammunition.

Orders

  • Count 1: The accused is found Guilty of Murder read with the provisions of S 51(1) Part 1 of Schedule 2 of Act 105 of 1997.
  • Count 2: The accused is found Guilty of Murder read with the provisions of S 51(1) Part 1 of Schedule 2 of Act 105 of 1997.