S v Funaphi and Others (40/2023) [2024] ZAECMKHC 26 (28 February 2024)
Court
Eastern Cape High Court, Makhanda
Case number
40/2023
Judge
Govindjee
The High Court convicted three accused of murder, robbery with aggravating circumstances, and defeating the ends of justice, but found only theft intent on housebreaking.
S v Faku (CC13/2021) [2023] ZAWCHC 342 (12 September 2023)
Court
Western Cape High Court, Cape Town
Case number
CC13/2021
Judge
Nziweni
The court found that the circumstantial evidence presented by the State, including the accused's presence at the scene, identification by witnesses, forensic findings, and inconsistencies in the accused's version, proved beyond reasonable doubt that the accused was the person who shot and killed the deceased. The accused's account was found to be fabricated, lacking credibility, and not reasonably possibly true. The court accepted the State witnesses' evidence, which was consistent, detailed, and corroborated by objective facts. The accused was also found guilty of assault based on the clear…