S v Tladi and Others (S030/2020) [2022] ZAGPJHC 457 (4 July 2022)

S v Tladi and Others (S030/2020) [2022] ZAGPJHC 457 (4 July 2022)

The court found that the State presented overwhelming evidence against all seven accused, including credible eyewitness testimony, reliable identification parades, CCTV footage, and tracker reports. The accused acted in concert, forming a common purpose to commit armed robbery, murder, and attempted murder. The tracker evidence established that accused 5 collected the others and transported them to and from the crime scene. The identification evidence was corroborated by objective evidence and was found reliable. The accused's bare denials and alibi evidence were inconsistent, improbable, and not asserted to State witnesses. The police acted lawfully in arresting and searching the accused...

Citation
[2022] ZAGPJHC 457
Parties
Applicant: The State; Defendant: Monaheng Tladi; Defendant: Khumalo Ntokozo; Defendant: Buthelezi Khululekani; Defendant: Beme Xolani Moses; Defendant: Mabanga Kenneth; Defendant: Tsotetsi Pule; Defendant: Buthelezi Bhekizenzo
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 July 2022
Case Number
S030/2020
Procedural Posture
Criminal Trial / Final Judgment
Outcome
Accused 1 to 7 are found guilty of three counts of robbery with aggravating circumstances, two counts of murder, and one count of attempted murder. Accused 2, 3, and 5 are also convicted of unlawful possession of firearms and ammunition. Accused 1, 4, 6, and 7 are acquitted on the firearm and ammunition counts.
Judges
M Moleleki
Legal Topics
Robbery With Aggravating Circumstances, Murder, Attempted Murder, Unlawful Possession of Firearms, Unlawful Possession of Ammunition, Common Purpose
Criminal Law Robbery With Aggravating Circumstances Murder Attempted Murder Unlawful Possession of Firearms Unlawful Possession of Ammunition Common Purpose

Case Brief

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Parties

The State

Applicant

Monaheng Tladi

Defendant

Khumalo Ntokozo

Defendant

Buthelezi Khululekani

Defendant

Beme Xolani Moses

Defendant

Mabanga Kenneth

Defendant

Tsotetsi Pule

Defendant

Buthelezi Bhekizenzo

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused are guilty of robbery with aggravating circumstances, murder, attempted murder, and unlawful possession of firearms and ammunition.
  2. 2 Whether the doctrine of common purpose applies to the accused in relation to the crimes committed.
  3. 3 Whether the identification evidence and CCTV footage reliably place the accused at the scene.

Ratio Decidendi

The court found that the State presented overwhelming evidence against all seven accused, including credible eyewitness testimony, reliable identification parades, CCTV footage, and tracker reports. The accused acted in concert, forming a common purpose to commit armed robbery, murder, and attempted murder. The tracker evidence established that accused 5 collected the others and transported them to and from the crime scene. The identification evidence was corroborated by objective evidence and was found reliable. The accused's bare denials and alibi evidence were inconsistent, improbable, and not asserted to State witnesses. The police acted lawfully in arresting and searching the accused...

Court Disposition

Accused 1 to 7 are found guilty of three counts of robbery with aggravating circumstances, two counts of murder, and one count of attempted murder. Accused 2, 3, and 5 are also convicted of unlawful possession of firearms and ammunition. Accused 1, 4, 6, and 7 are acquitted on the firearm and ammunition counts.

Orders

  • Accused 1 to 7 are convicted of three counts of robbery with aggravating circumstances, two counts of murder, and one count of attempted murder.
  • Accused 2 is convicted of unlawful possession of a 9mm semi-automatic pistol and 12 rounds of 9mm ammunition.