S v Tsabane (CC10/2020) [2021] ZAGPPHC 216 (23 January 2021)

S v Tsabane (CC10/2020) [2021] ZAGPPHC 216 (23 January 2021)

The court found that the accused was the only person with the deceased at the relevant time and that her version of events was riddled with improbabilities, contradictions, and lies. The medical evidence established that the child died from a fractured neck and asphyxia, with no signs of poisoning. The accused's injuries were superficial and self-inflicted, likely caused by a needle found in her room. The accused fabricated a story involving a neighbour and two men, but this was not supported by any credible evidence. The circumstantial evidence, considered cumulatively, excluded all reasonable inferences except that the accused intentionally killed the child and attempted to obstruct...

Citation
[2021] ZAGPPHC 216
Parties
Applicant: The State; Defendant: Mannana Selina Tsabane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 January 2021
Case Number
CC10/2020
Procedural Posture
Criminal Trial / Judgment After Full Trial
Outcome
Convicted on both counts: murder (not premeditated) and defeating or obstructing the course of justice.
Judges
Broodryk
Legal Topics
Murder, Defeating or Obstructing the Course of Justice, Circumstantial Evidence, Mens Rea, Self Inflicted Injury, Minimum Sentence Legislation
Criminal Law Murder Defeating or Obstructing the Course of Justice Circumstantial Evidence Mens Rea Self Inflicted Injury Minimum Sentence Legislation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The State

Applicant

Mannana Selina Tsabane

Defendant

Procedural Posture

Criminal Trial / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased child.
  2. 2 Whether the accused defeated or obstructed the course of justice by fabricating a kidnapping and poisoning narrative.
  3. 3 Whether the injuries on the accused were self-inflicted or caused by third parties.

Ratio Decidendi

The court found that the accused was the only person with the deceased at the relevant time and that her version of events was riddled with improbabilities, contradictions, and lies. The medical evidence established that the child died from a fractured neck and asphyxia, with no signs of poisoning. The accused's injuries were superficial and self-inflicted, likely caused by a needle found in her room. The accused fabricated a story involving a neighbour and two men, but this was not supported by any credible evidence. The circumstantial evidence, considered cumulatively, excluded all reasonable inferences except that the accused intentionally killed the child and attempted to obstruct...

Court Disposition

Convicted on both counts: murder (not premeditated) and defeating or obstructing the course of justice.

Orders

  • The accused is convicted of murder read with the provisions of section 51(2) of Act 105 of 1997.
  • The accused is convicted of defeating or obstructing the course of justice.