Zakwe and Others v S (AR 336/17) [2018] ZAKZPHC 73 (19 December 2018)

Zakwe and Others v S (AR 336/17) [2018] ZAKZPHC 73 (19 December 2018)

The court found that the circumstantial evidence established beyond reasonable doubt that the first appellant was responsible for the assault and death of the deceased. The first appellant played a dominant role in the search for the deceased, the recovery of the stolen money, and the subsequent assault. He manifested an intention to retrieve the money by means of assault and openly stated that the deceased was being taken away to be beaten. The medical evidence confirmed that the deceased died from a prolonged assault, and the probabilities supported the State's case. The versions of the other appellants were improbable but did not meet the threshold for guilt beyond reasonable doubt...

Citation
[2018] ZAKZPHC 73
Parties
Appellant: Zamakwakhe Zakwe; Appellant: Gadumane Gani Zakwe; Appellant: Khulenzokuhle Zakwe; Appellant: Bunyaso Somanhle Zakwe; Respondent: The State
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
19 December 2018
Case Number
AR 336/17
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The first appellant's appeal against conviction and sentence is dismissed; conviction and sentence confirmed. The second, third, and fourth appellants' appeals are upheld; their convictions and sentences are set aside.
Judges
Mngadi, K Pillay
Legal Topics
Murder, Dolus Eventualis, Common Purpose, Credibility of Witnesses, Circumstantial Evidence
Criminal Law Murder Dolus Eventualis Common Purpose Credibility of Witnesses Circumstantial Evidence

Case Brief

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Parties

Zamakwakhe Zakwe

Appellant

Gadumane Gani Zakwe

Appellant

Khulenzokuhle Zakwe

Appellant

Bunyaso Somanhle Zakwe

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the evidence proved beyond reasonable doubt that any of the appellants were liable for the beating and death of the deceased.
  2. 2 Whether the assault was unlawful and intentional.
  3. 3 Whether the principles of common purpose applied to all appellants.

Ratio Decidendi

The court found that the circumstantial evidence established beyond reasonable doubt that the first appellant was responsible for the assault and death of the deceased. The first appellant played a dominant role in the search for the deceased, the recovery of the stolen money, and the subsequent assault. He manifested an intention to retrieve the money by means of assault and openly stated that the deceased was being taken away to be beaten. The medical evidence confirmed that the deceased died from a prolonged assault, and the probabilities supported the State's case. The versions of the other appellants were improbable but did not meet the threshold for guilt beyond reasonable doubt...

Court Disposition

The first appellant's appeal against conviction and sentence is dismissed; conviction and sentence confirmed. The second, third, and fourth appellants' appeals are upheld; their convictions and sentences are set aside.

Orders

  • The first appellant's appeal against the conviction on the charge of murder is dismissed. The conviction and sentence are confirmed.
  • The second, third, and fourth appellants' appeals against conviction are upheld. Their convictions and sentences are set aside.