South Africa Case Law

Makeleni and Another v S (CA&R 51/18)

Makeleni and Another v S (CA&R 51/18) [2019] ZAECGHC 53 (26 March 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 51/18

Judges

D Van Zyl, J M Roberson, F Renqe

The court held that there was no evidence, direct or circumstantial, that either appellant had knowledge of or exercised control over the firearm and ammunition found in the vehicle. The doctrine of common purpose, while applicable to consequence crimes such as murder, does not automatically extend to possessory crimes without proof of the requisite animus and control. The State failed to establish that the appellants jointly possessed the firearm and ammunition, as required by the test in S v Nkosi and confirmed in S v Makhubela. Mere presence in the vehicle and participation in other crimes…

Source excerpt

• Joint Possession
• Firearms Control Act
• Common Purpose
• Actus Reus
• Animus
• Circumstantial Evidence