S v Ndou and Others (SS36/2019) [2022] ZAGPJHC 580 (15 August 2022)

S v Ndou and Others (SS36/2019) [2022] ZAGPJHC 580 (15 August 2022)

The court found that the evidence against Collen Muleya, Simon Sakala, and Lucky Shongwe was insufficient to sustain any conviction, as the State failed to exclude their exculpatory explanations and did not prove possession or knowledge of stolen goods. Brian Muleya was found guilty of theft-related counts at the Lochner Road tower, as his abandonment of the vehicle and the circumstances of the incident rendered his innocent explanation not reasonably possibly true. Albert Ndou was found guilty of multiple counts of theft, attempted theft, damage to essential infrastructure, and attempted bribery, based on direct and circumstantial evidence linking him to several incidents. However, the...

Citation
[2022] ZAGPJHC 580
Parties
Applicant: The State; Respondent: Albert Avhurengwi Solly Ndou; Respondent: Mulalo Kenneth Munyai; Respondent: Tshililo Freeman Chauke; Respondent: Collen Lesiba Muleya; Respondent: Mashudu Steven Chirundu; Respondent: Simon Sakala; Respondent: Brian Muleya; Respondent: Lucky Shongwe
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 August 2022
Case Number
SS36/2019
Procedural Posture
Criminal Law Trial / Verdict and Orders
Outcome
Collen Muleya, Simon Sakala, and Lucky Shongwe were acquitted and discharged under section 174 of the Criminal Procedure Act. Brian Muleya was found guilty of counts 10, 11, and 13, and not guilty on all other counts. Albert Ndou was found guilty of counts 3, 4, 10, 11, 13, 14, 15, 18, 26, 27, 29, 30, 31, 32, 33,...
Judges
S D J Wilson
Legal Topics
Theft, Essential Infrastructure, Racketeering, Criminal Procedure Act, Prevention of Organised Crime Act, Attempted Bribery
Criminal Law Theft Essential Infrastructure Racketeering Criminal Procedure Act Prevention of Organised Crime Act Attempted Bribery

Case Brief

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Parties

The State

Applicant

Albert Avhurengwi Solly Ndou

Respondent

Mulalo Kenneth Munyai

Respondent

Tshililo Freeman Chauke

Respondent

Collen Lesiba Muleya

Respondent

Mashudu Steven Chirundu

Respondent

Simon Sakala

Respondent

Brian Muleya

Respondent

Lucky Shongwe

Respondent

Procedural Posture

Criminal Law Trial / Verdict and Orders

Legal Issues

  1. 1 Whether the accused persons were present at the scenes of the thefts and participated in the thefts or related unlawful conduct.
  2. 2 Whether the evidence supports convictions for theft, attempted theft, damage to essential infrastructure, racketeering, and attempted bribery.
  3. 3 Whether the explanations and alibis offered by the accused are reasonably possibly true.

Ratio Decidendi

The court found that the evidence against Collen Muleya, Simon Sakala, and Lucky Shongwe was insufficient to sustain any conviction, as the State failed to exclude their exculpatory explanations and did not prove possession or knowledge of stolen goods. Brian Muleya was found guilty of theft-related counts at the Lochner Road tower, as his abandonment of the vehicle and the circumstances of the incident rendered his innocent explanation not reasonably possibly true. Albert Ndou was found guilty of multiple counts of theft, attempted theft, damage to essential infrastructure, and attempted bribery, based on direct and circumstantial evidence linking him to several incidents. However, the...

Court Disposition

Collen Muleya, Simon Sakala, and Lucky Shongwe were acquitted and discharged under section 174 of the Criminal Procedure Act. Brian Muleya was found guilty of counts 10, 11, and 13, and not guilty on all other counts. Albert Ndou was found guilty of counts 3, 4, 10, 11, 13, 14, 15, 18, 26, 27, 29, 30, 31, 32, 33,...

Orders

  • Accused no. 4, Collen Lesiba Muleya, is found not guilty and discharged under section 174 of the Criminal Procedure Act 51 of 1977.
  • Accused no. 6, Simon Sakala, and accused no. 8, Lucky Shongwe, are found not guilty and discharged under section 174 of the Criminal Procedure Act 51 of 1977.