S v Ndziyane and Others (Roelofse AJ) [2018] ZAMPMBHC 1; CC101/2017 (18 October 2018)

S v Ndziyane and Others (Roelofse AJ) [2018] ZAMPMBHC 1; CC101/2017 (18 October 2018)

The court found that the State proved beyond reasonable doubt that both accused were present and participated in the crimes charged. The identification of the accused was corroborated by direct witness testimony, DNA and ballistic evidence, and the recovery of stolen items. The accused's denials and alternative explanations were rejected as improbable and unsupported by the evidence. Accused 1 was found guilty of housebreaking, robbery, rape, attempted compelled rape, kidnapping, unlawful possession of a firearm, and other related offences. Accused 2 was found guilty of housebreaking, rape, attempted compelled rape, and kidnapping. The court acquitted both accused on certain counts where...

Citation
[2018] ZAMPMBHC 1
Parties
Applicant: The State; Defendant: Bongani Ndziyane; Defendant: Charles Ngwenya
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
18 October 2018
Case Number
CC101/2017
Procedural Posture
Criminal Trial / Judgment
Outcome
Accused 1 is found guilty as charged on Counts 1, 2, 3, 5, 7, 8, 10, 11, and 12; guilty of attempted compelled rape on Count 4; not guilty on Counts 6 and 9. Accused 2 is found guilty as charged on Counts 2, 5, and 10; guilty of attempted compelled rape on Count 4; not guilty on Count 6.
Judges
JH Roelofse
Legal Topics
Rape, Housebreaking, Robbery With Aggravating Circumstances, Compelled Rape, Attempted Murder, Kidnapping, Unlawful Possession of Firearm
Criminal Law Rape Housebreaking Robbery With Aggravating Circumstances Compelled Rape Attempted Murder Kidnapping Unlawful Possession of Firearm

Case Brief

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Parties

The State

Applicant

Bongani Ndziyane

Defendant

Charles Ngwenya

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused were present and participated in the alleged crimes at the relevant times and locations.
  2. 2 Whether the State proved beyond reasonable doubt the commission of housebreaking, robbery, rape, compelled rape, attempted murder, kidnapping, and unlawful possession of a firearm.
  3. 3 Whether the DNA and ballistic evidence sufficiently corroborated the identification of the accused as perpetrators.

Ratio Decidendi

The court found that the State proved beyond reasonable doubt that both accused were present and participated in the crimes charged. The identification of the accused was corroborated by direct witness testimony, DNA and ballistic evidence, and the recovery of stolen items. The accused's denials and alternative explanations were rejected as improbable and unsupported by the evidence. Accused 1 was found guilty of housebreaking, robbery, rape, attempted compelled rape, kidnapping, unlawful possession of a firearm, and other related offences. Accused 2 was found guilty of housebreaking, rape, attempted compelled rape, and kidnapping. The court acquitted both accused on certain counts where...

Court Disposition

Accused 1 is found guilty as charged on Counts 1, 2, 3, 5, 7, 8, 10, 11, and 12; guilty of attempted compelled rape on Count 4; not guilty on Counts 6 and 9. Accused 2 is found guilty as charged on Counts 2, 5, and 10; guilty of attempted compelled rape on Count 4; not guilty on Count 6.

Orders

  • Accused 1 is convicted on Counts 1, 2, 3, 5, 7, 8, 10, 11, and 12.
  • Accused 1 is convicted of attempted compelled rape on Count 4.