S v Zingela (CC 54/2020) [2021] ZAECGHC 47 (14 May 2021)

S v Zingela (CC 54/2020) [2021] ZAECGHC 47 (14 May 2021)

In respect of count 1, the court found that the State failed to prove beyond reasonable doubt that the accused unlawfully and intentionally killed Sindile Qebelu. The evidence of the sole witness, Xola Kayingo, was unreliable due to material contradictions, coincidences, and suspicion of impairment during testimony. The medical evidence did not conclusively link the accused's alleged conduct to the cause of death. The accused's alibi could not be rejected as not reasonably possibly true. In respect of count 2, the court found the evidence of Mzimazi Breakfast, Siziwe Peni, and Funeka Calu to be credible and accepted their testimony that the accused admitted to killing Mbulelo Matshona...

Citation
[2021] ZAECGHC 47
Parties
Applicant: The State; Defendant: Thembentoni Zingela
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
14 May 2021
Case Number
CC 54/2020
Procedural Posture
Criminal Trial / Judgment After Trial
Outcome
The accused is acquitted on count 1 (murder of Sindile Qebelu) and found guilty on count 2 (murder of Mbulelo Matshona).
Judges
Bloem
Legal Topics
Murder, Alibi Defence, Credibility of Witnesses, Admissions, Burden of Proof
Criminal Law Murder Alibi Defence Credibility of Witnesses Admissions Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Thembentoni Zingela

Defendant

Procedural Posture

Criminal Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed Sindile Qebelu on 24 December 2017.
  2. 2 Whether the accused unlawfully and intentionally killed Mbulelo Matshona on 23 June 2019.
  3. 3 Whether the accused's alibi defence in respect of count 1 is reasonably possibly true.

Ratio Decidendi

In respect of count 1, the court found that the State failed to prove beyond reasonable doubt that the accused unlawfully and intentionally killed Sindile Qebelu. The evidence of the sole witness, Xola Kayingo, was unreliable due to material contradictions, coincidences, and suspicion of impairment during testimony. The medical evidence did not conclusively link the accused's alleged conduct to the cause of death. The accused's alibi could not be rejected as not reasonably possibly true. In respect of count 2, the court found the evidence of Mzimazi Breakfast, Siziwe Peni, and Funeka Calu to be credible and accepted their testimony that the accused admitted to killing Mbulelo Matshona...

Court Disposition

The accused is acquitted on count 1 (murder of Sindile Qebelu) and found guilty on count 2 (murder of Mbulelo Matshona).

Orders

  • The accused is found not guilty of the murder of Sindile Qebelu on 24 December 2017.
  • The accused is found guilty of the murder of Mbulelo Matshona on 23 June 2019.