S v Ngwenya and Others (CC157/2018) [2022] ZAGPPHC 217 (18 January 2022)

S v Ngwenya and Others (CC157/2018) [2022] ZAGPPHC 217 (18 January 2022)

The court found that the State failed to establish a prima facie case against the accused on both counts of murder and torture. The eyewitnesses contradicted themselves in material respects, and their evidence was not supported by medical findings. The pathologist's conclusions regarding the cause of death were not substantiated by histology results, and the medical evidence did not confirm assault or suffocation. The credibility of the State's witnesses was so poor that no reasonable person could accept their evidence. Accordingly, there was no evidence upon which the accused could reasonably be convicted, and the application for discharge under section 174 of the Criminal Procedure Act...

Citation
[2022] ZAGPPHC 217
Parties
Applicant: The State; Respondent: Nkosinathi Godfrey Ngwenya; Respondent: Aron Augustine Arends; Respondent: Nomkhosi Precious Khoza; Respondent: Isaac Msebenzi Mkhuma; Respondent: Emmanuel Lindokuhle Ngwane; Respondent: Catherine Thando Tenteza; Respondent: Joseph Mamasela; Respondent: Gerhard van der Walt
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 January 2022
Case Number
CC157/2018
Procedural Posture
Criminal Trial / Application for Discharge at Close of Prosecution's Case Under Section 174 of the Criminal Procedure Act
Outcome
All accused are discharged in terms of section 174 of the Criminal Procedure Act; the application for discharge succeeds.
Judges
MJ Mosopa
Legal Topics
Section 174 Discharge, Common Purpose, Murder, Torture, Credibility of Witnesses
Criminal Law Section 174 Discharge Common Purpose Murder Torture Credibility of Witnesses

Case Brief

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Parties

The State

Applicant

Nkosinathi Godfrey Ngwenya

Respondent

Aron Augustine Arends

Respondent

Nomkhosi Precious Khoza

Respondent

Isaac Msebenzi Mkhuma

Respondent

Emmanuel Lindokuhle Ngwane

Respondent

Catherine Thando Tenteza

Respondent

Joseph Mamasela

Respondent

Gerhard van der Walt

Respondent

Procedural Posture

Criminal Trial / Application for Discharge at Close of Prosecution's Case Under Section 174 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether there is sufficient evidence at the close of the prosecution's case to require the accused to answer to the charges.
  2. 2 Whether the evidence led by the State establishes a prima facie case of murder and torture against the accused.
  3. 3 Whether contradictions and lack of medical evidence undermine the State's case.

Ratio Decidendi

The court found that the State failed to establish a prima facie case against the accused on both counts of murder and torture. The eyewitnesses contradicted themselves in material respects, and their evidence was not supported by medical findings. The pathologist's conclusions regarding the cause of death were not substantiated by histology results, and the medical evidence did not confirm assault or suffocation. The credibility of the State's witnesses was so poor that no reasonable person could accept their evidence. Accordingly, there was no evidence upon which the accused could reasonably be convicted, and the application for discharge under section 174 of the Criminal Procedure Act...

Court Disposition

All accused are discharged in terms of section 174 of the Criminal Procedure Act; the application for discharge succeeds.

Orders

  • The application in terms of section 174 in respect of all accused succeeds and the accused are discharged in terms of section 174 of the Criminal Procedure Act.