S v Ntsibande (SS 54/2021) [2023] ZAGPJHC 1055 (15 September 2023)

S v Ntsibande (SS 54/2021) [2023] ZAGPJHC 1055 (15 September 2023)

The court found that the accused fired fatal shots at the deceased, foreseeing the possibility that the person he was shooting at might die, and reconciled himself to that outcome, thereby establishing dolus eventualis. The accused's defence of putative private defence was rejected, as there was no imminent threat to his life or his family, and he failed to take reasonable steps to ascertain the identity of the person before shooting. The accused admitted being the only person who fired the shots, and forensic evidence confirmed that all wounds were inflicted before death. The court found that the accused's conduct was unlawful and intentional, and the identity of the victim was...

Citation
[2023] ZAGPJHC 1055
Parties
Applicant: The State; Respondent: Ntsibande, Musa Frank
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 September 2023
Case Number
SS 54/2021
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused is found not guilty of assault with intent to do grievous bodily harm and not guilty of pointing a firearm. The accused is found guilty of murder with criminal intent in the form of dolus eventualis.
Judges
Mdalana-Mayisela
Legal Topics
Murder, Dolus Eventualis, Putative Private Defence, Assault With Intent to Do Grievous Bodily Harm, Firearms Control Act, Circumstantial Evidence
Criminal Law Murder Dolus Eventualis Putative Private Defence Assault With Intent to Do Grievous Bodily Harm Firearms Control Act Circumstantial Evidence

Case Brief

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Parties

The State

Applicant

Ntsibande, Musa Frank

Respondent

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused is guilty of murder with criminal intent in the form of dolus eventualis.
  2. 2 Whether the accused is guilty of assault with intent to do grievous bodily harm.
  3. 3 Whether the accused unlawfully pointed a firearm or an object resembling a firearm at the complainant.

Ratio Decidendi

The court found that the accused fired fatal shots at the deceased, foreseeing the possibility that the person he was shooting at might die, and reconciled himself to that outcome, thereby establishing dolus eventualis. The accused's defence of putative private defence was rejected, as there was no imminent threat to his life or his family, and he failed to take reasonable steps to ascertain the identity of the person before shooting. The accused admitted being the only person who fired the shots, and forensic evidence confirmed that all wounds were inflicted before death. The court found that the accused's conduct was unlawful and intentional, and the identity of the victim was...

Court Disposition

The accused is found not guilty of assault with intent to do grievous bodily harm and not guilty of pointing a firearm. The accused is found guilty of murder with criminal intent in the form of dolus eventualis.

Orders

  • The accused is acquitted on the charge of assault with intent to do grievous bodily harm.
  • The accused is acquitted on the charge of pointing a firearm or an object resembling a firearm.