S v Nene and Others (SS83/2020) [2023] ZAGPJHC 1504 (28 August 2023)

S v Nene and Others (SS83/2020) [2023] ZAGPJHC 1504 (28 August 2023)

The court found that the State proved beyond reasonable doubt that accused 2, 3, 4, and 5 were present at the scene and participated in the murder and robberies. The confessions and pointing out by accused 2 and 3 were admitted as freely and voluntarily made, with constitutional rights explained. The evidence of the section 204 witness (Nene) was corroborated by other witnesses and physical evidence, including the recovered cellphone and firearm. The doctrine of common purpose was applied, as all accused acted together, manifested association, and foresaw the possibility of the criminal result. The alibi defence of accused 2 was rejected as fabricated. The court found insufficient...

Citation
[2023] ZAGPJHC 1504
Parties
Applicant: The State; Respondent: Nene Reatile; Respondent: M[...] K[...]; Respondent: Hlubi Thabiso; Respondent: Sithole Andile; Respondent: Sithole Ayanda
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 August 2023
Case Number
SS83/2020
Procedural Posture
Criminal Trial / Main Trial and Trial Within a Trial; Final Judgment
Outcome
Accused 2, 3, 4, and 5 found guilty of murder and robbery with aggravating circumstances. Accused 3 additionally found guilty of unlawful possession of firearm and ammunition. Accused 2, 4, and 5 acquitted on firearm and ammunition possession. Section 204 witness not discharged from prosecution.
Judges
Africa
Legal Topics
Murder, Robbery With Aggravating Circumstances, Common Purpose, Admissibility of Confession, Unlawful Possession of Firearm, Unlawful Possession of Ammunition
Criminal Law Murder Robbery With Aggravating Circumstances Common Purpose Admissibility of Confession Unlawful Possession of Firearm Unlawful Possession of Ammunition

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Parties

The State

Applicant

Nene Reatile

Respondent

M[...] K[...]

Respondent

Hlubi Thabiso

Respondent

Sithole Andile

Respondent

Sithole Ayanda

Respondent

Procedural Posture

Criminal Trial / Main Trial and Trial Within a Trial; Final Judgment

Legal Issues

  1. 1 Whether the accused were present at the scene and participated in the murder and robberies on 28 August 2019.
  2. 2 Whether the confessions and pointing out by accused 2 and 3 were made freely and voluntarily and are admissible.
  3. 3 Whether the doctrine of common purpose applies to all accused.

Ratio Decidendi

The court found that the State proved beyond reasonable doubt that accused 2, 3, 4, and 5 were present at the scene and participated in the murder and robberies. The confessions and pointing out by accused 2 and 3 were admitted as freely and voluntarily made, with constitutional rights explained. The evidence of the section 204 witness (Nene) was corroborated by other witnesses and physical evidence, including the recovered cellphone and firearm. The doctrine of common purpose was applied, as all accused acted together, manifested association, and foresaw the possibility of the criminal result. The alibi defence of accused 2 was rejected as fabricated. The court found insufficient...

Court Disposition

Accused 2, 3, 4, and 5 found guilty of murder and robbery with aggravating circumstances. Accused 3 additionally found guilty of unlawful possession of firearm and ammunition. Accused 2, 4, and 5 acquitted on firearm and ammunition possession. Section 204 witness not discharged from prosecution.

Orders

  • Accused 2, 3, 4, and 5 are convicted of murder and robbery with aggravating circumstances.
  • Accused 3 is convicted of unlawful possession of firearm and ammunition on counts 4, 5, 6, and 7.