S v Tsiane and Another (CC41/2023) [2024] ZAGPPHC 469 (17 April 2024)

S v Tsiane and Another (CC41/2023) [2024] ZAGPPHC 469 (17 April 2024)

The court found that both accused planned and executed the murder of the deceased, acting in common purpose. The dying declarations made by the deceased to his sister and another witness were admitted as hearsay evidence under section 3(1)(c) of the Law of Evidence Amendment Act, supported by corroboration from independent witnesses and forensic evidence. The accused's explanations were rejected as untruthful and unreliable, with the court finding that their versions were not reasonably possibly true. The evidence established that the accused assaulted the deceased, poured paraffin on him, and set him alight, resulting in his death. The court concluded that the State proved its case...

Citation
[2024] ZAGPPHC 469
Parties
Applicant: The State; Defendant: Maspopi Lebogang Dorah Tsiane; Defendant: Shadrack Shimane Setaise
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 April 2024
Case Number
CC41/2023
Procedural Posture
Criminal Trial / Judgment After Full Trial
Outcome
Both accused found guilty of murder read with section 51(1) of the Criminal Law Amendment Act 105 of 1997.
Judges
PD Phahlane
Legal Topics
Murder, Common Purpose, Dying Declaration, Admissibility of Hearsay, Planned or Premeditated Murder, Criminal Law Amendment Act
Criminal Law Murder Common Purpose Dying Declaration Admissibility of Hearsay Planned or Premeditated Murder Criminal Law Amendment Act

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Parties

The State

Applicant

Maspopi Lebogang Dorah Tsiane

Defendant

Shadrack Shimane Setaise

Defendant

Procedural Posture

Criminal Trial / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused are guilty of murder under section 51(1) of the Criminal Law Amendment Act 105 of 1997.
  2. 2 Whether the dying declarations made by the deceased are admissible as hearsay evidence in the interests of justice.
  3. 3 Whether the accused acted with common purpose and intention to kill the deceased.

Ratio Decidendi

The court found that both accused planned and executed the murder of the deceased, acting in common purpose. The dying declarations made by the deceased to his sister and another witness were admitted as hearsay evidence under section 3(1)(c) of the Law of Evidence Amendment Act, supported by corroboration from independent witnesses and forensic evidence. The accused's explanations were rejected as untruthful and unreliable, with the court finding that their versions were not reasonably possibly true. The evidence established that the accused assaulted the deceased, poured paraffin on him, and set him alight, resulting in his death. The court concluded that the State proved its case...

Court Disposition

Both accused found guilty of murder read with section 51(1) of the Criminal Law Amendment Act 105 of 1997.

Orders

  • Accused 1 and Accused 2 are convicted of murder as charged.
  • The matter is to proceed to sentencing in accordance with the applicable statutory provisions.