S v Selani (CC13/2023) [2024] ZAGPPHC 723 (29 July 2024)

S v Selani (CC13/2023) [2024] ZAGPPHC 723 (29 July 2024)

The court found that the State proved the guilt of the accused beyond reasonable doubt on all counts. The evidence of S[...], though a single witness and an accomplice, was corroborated by forensic findings and the accused's own extra-curial statement, which was admitted as having been made freely and voluntarily. The discrepancies in S[...]’s testimony were not material and were reasonably explained by language, cultural, and traumatic factors. The accused's failure to testify in the face of direct evidence further strengthened the State's case. The murders were found to be planned and premeditated, falling under Section 51(1) of Act 105 of 1997. The accused was also found guilty of...

Citation
[2024] ZAGPPHC 723
Parties
Applicant: The State; Defendant: Pamela Ncumisa Selani
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 July 2024
Case Number
CC13/2023
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused, Pamela Ncumisa Selani, is found guilty on three counts of murder under Section 51(1) of Act 105 of 1997 and one count of defeating the administration of justice.
Judges
Mosopa
Legal Topics
Murder, Planned or Premeditated Murder, Defeating Administration of Justice, Single Witness Evidence, Admissibility of Statements, Onus of Proof
Criminal Law Murder Planned or Premeditated Murder Defeating Administration of Justice Single Witness Evidence Admissibility of Statements Onus of Proof

Case Brief

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Parties

The State

Applicant

Pamela Ncumisa Selani

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused is guilty of three counts of murder under Section 51(1) of Act 105 of 1997.
  2. 2 Whether the accused is guilty of defeating the administration of justice.
  3. 3 Whether the evidence of a single witness is sufficient for conviction.

Ratio Decidendi

The court found that the State proved the guilt of the accused beyond reasonable doubt on all counts. The evidence of S[...], though a single witness and an accomplice, was corroborated by forensic findings and the accused's own extra-curial statement, which was admitted as having been made freely and voluntarily. The discrepancies in S[...]’s testimony were not material and were reasonably explained by language, cultural, and traumatic factors. The accused's failure to testify in the face of direct evidence further strengthened the State's case. The murders were found to be planned and premeditated, falling under Section 51(1) of Act 105 of 1997. The accused was also found guilty of...

Court Disposition

The accused, Pamela Ncumisa Selani, is found guilty on three counts of murder under Section 51(1) of Act 105 of 1997 and one count of defeating the administration of justice.

Orders

  • On count 1, murder read with Section 51(1) of Act 105 of 1997, the accused is found guilty.
  • On count 2, murder read with Section 51(1) of Act 105 of 1997, the accused is found guilty.