The State vs Qhinga: HIGH COURT JUDGMENT

8/13/2019 The State vs Qhinga: HIGH COURT JUDGMENT

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IN THE HIGH COURT OF SOUTH AFRICAEASTERN CAPE: BHISHO

CASE NO.: CC 35/2007

In the matter et!een:

THE STATE

an"

#SOBO#$U %HINGA &'tACCUSE(

)UNGI)E *A#ISO 2+(ACCUSE(CA#AGU ,I#E)A 3r"ACCUSE(

#NCE(ISI TITSHA)A -TH ACCUSE(

)U$UO #CAPHUISI 5THACCUSE(

)I,O )U#BE thACCUSE()IN()E #AGI 7THACCUSE(

*U(G#ENT

(H)O(H)O A(*P:

1. The seven accused are before a Judge sitting with an Assessor.

2. They are charged as follows:

2.1 C1nt & r1er4 !th a66raatn6 8r8m'tan8e'.

it is alleged that on or about the 12thday of July 2006, at or near Newlands Area in the agisterial


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district of !dantsane, they unlawfully and intentionally assaulted Thandile !g"wanca by using

force and violence to induce subission by the said Thandiie !g"wanca, too# and stole fro hi

certain ites, naely, a $ %&' sei(autoatic firear with serial nuber )*A +6$2 and thirty

-0/ rounds of aunition, his roerty and or being in his lawful ossession, and did rob hi of

these ites, aggravating circustances being resent, as they wielded a firear.

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2.2 C1nt 2 attem9te" mr"er:

in that on or about the date and at the lace referred to in count one, they unlawfully and intentionally

assaulted Thandisi?we *otsora, a ale erson, by shooting hi with a firear, intending to #ill hi.

The charge is accoanied by a warning to the effect that, if they are convicted as charged, the

rovisions of s +1-2/ of the 4riinal =aw Aendent Act, relating to the iniu sentences, will be

alicable.

1' 105 of 1997


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2. C1nt 3 r1er4 !th a66raatn6 8r8m'tan8e':

in that on or about the date and the lace referred to in count one, they unlawfully and intentionally

assaulted Thandisi?we *otsora by using force and violence to induce subission by the said

Thandisi?we *otsora, they too# and stole fro hi certain ites, naely a $ Norinco firear with

serial nuber 660116 and eighteen -1@/ rounds of aunition, being his roerty or in his lawful

ossession, and robbed hi of these ites.

The charge is accoanied by a warning to the effect that, if they are convicted, the rovisions of s +1-2/ of

the 4riinal =aw

Aendent Act, relating to iniu sentences, will be alicable, as aggravating circustances were

resent during the coission of the robbery.

2. C1nt - r1er4 !th a66raatn6 8r8m'tan8e':

in that on or about the date and at the lace referred to in count one, they unlawfully and intentionally

assaulted Noathasan"a 3dith Tini by using force and violence to induce subission by the said

Noathasan"a 3dith Tini, too# and stole fro her cash aounting to two and twenty si& thousand, nine


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hundred and ten rand -)226 $10,00/, her roerty or in her lawful ossession, thus robbing her of the

aount. t is alleged that aggravating circustances were resent, as the accused wielded firears.

The charge is accoanied by a warning to the effect that, if they are convicted, the rovisions of s +1-2/

of the 4riinal =aw Aendent Act, relating to iniu sentences, will be alicable, as aggravating

circustances were resent during the coission of the robbery.

2.+ C1nt 5 r1er4 !th a66raatn6 8r8m'tan8e':

in that a or near the lace and on or about the date referred to in count c e, they unlawfully and

intentionally assaulted Joseh Tshigod . and by using force and violence to induce subission by the

said oseh Tshigoda, too# and stole fro hi a Toyota ba##ie with registration nuber 49T 60 34

valued at )61 @00,00 -si&ty one thoi Band and eight hundred rand/ which was his roerty or in his lawfi

ossession, thus robbing hi of the said vehicle, it is further c eged that aggravating circustances were

resent, as they wiei ed firears,

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COUNT&0 RE)ATESTOUN)AFU)POSSESSIONOFTHIRTEEN>&3? )I$EROUN(SOFA##UNITION.

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@. t is coon cause that on 12 July 2006 shortly after 0h00 social grants were being aid inside a counity

hall at Newlands -also #nown as N&arhuni/ in the agisterial district of !dantsane outside 3ast =ondon by

eloyees of All 'ay 4ash !aster. There were about si&ty beneficiaries of the grants inside the hall.

$. ;ive security guards eloyed by Chulani *ecurity 4oany were on duty at the ay centre to secure the oney. They

are Thandile !g"wanca,Thandisi?we *otsora, Andries, *taer and %lo. The hail is fenced off and has two

doors ( one in front and the other one at the bac#. The latter door was oen. Two gates lead to the reises.

There is one otor gate and a sall one with two toilets ne&t to it. At the bac# there are two toilets which are ade

of corrugated iron.

10 *ecurity 7fficer Thandile !g"wanca was osted at the sall gate inside the reises. e would chec# those

ersons who entered the reises to ascertain whether they were allowed to enter. e was being assisted by a

local erson who was a coittee eber. 'eole were allowed to enter the reises but when the hall was full

!g"wanca revented other eole fro entering the reises. =ater !g"wanca allowed another grou of

beneficiaries to enter the reises. hen the hall was full the gate was closed again,

11. !g"wanca started to allow the third grou of social grants reciients who were about five, to enter the

reises. As he was about to receive the card of the second one, he noticed that soe one was ointing a firear

at hi. e was ushed inside the reises by one strange an. Two other strange en harassed and insulted


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hi and too# a firear fro his ossession, 7ne of the en was to his right and another to his left. A security

guard who was at the other gate snea#ed away and went round a corner. The strange en too# !g"wanca round

the coer where beneficiaries ove when they are to receive oney. hen !g"wanca and his assailants went

round the corner he could no longer see the security officer who had been at the other gate.

12. As !g"wanca was being driven round the corner, one security officer eerged. The assailant who was to

!g"wancaDs left side fired a shot at the security guard who was aearing at the corner. That security guard fell to

the ground. The assailants drove !g"wanca into the hall. %eneficiaries were already at the corner. !g"wanca

was caused to #neel down. 7ne of the assailants ordered !g"wanca to ta#e off his bullet(roof vest and assisted

hi to do so. That assailant covered !g"wancaDs face with his -!g"wancaDs/ Eac#et and ordered hi to lie down.

;ro that tie !g"wanca could only hear but not see what was haening. e heard soeone say that oney

ust be released. e later heard a achine ringing as it does when it releases oney. e later heard the voice of

soeone who was deanding a #ey. !g"wanca heard footstes and voices when the assailants were wal#ing out

and later heard the sound of a running otor vehicle engine. e later heard the sound of a otor vehicle which

was being driven away. hen he ulled his luber Eac#et off his face he saw that inside the hall were only ay

asters and hiself.

1. !g"wanca wal#ed out of the hall and saw a van -ba##ie/ which was used by technicians. The van had a

canoy whose door was oen. e saw

guys inside it, !g"wanca roceeded to the security officer who had been shot in the leg but was alive. That


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security officer was their suervisor Thandisi?we *otsora. !g"wanca too# a telehone fro *otsoraDs oc#et

and called their office and reorted what haened.

1. !g"wanca said that when he first saw the three strange an they were ointing firears -handguns/ at

hi. e was carrying a %&' firear. e said that soe eole call it u?i. e did not have a good loo# at the

strange an. hen firears were ointed at hi he was shoc#ed and

was unable to loo# at their faces, e heard shots fired fro the other side of the hall when he was being driven to

the corner, e did not reeber the serial nuber of his firear. !g"wanca said that the aga?ine of his firear

contained twenty five -2+/ rounds of aunition and that the other

aga?ine which also contained twenty rounds of aunition was in the bullet roof vest. The firear, the

aga?ine and the rounds of aunition belonged to his eloyer Chuiani ;idelity. !g"wanca said

that the assailants hit and #ic#ed hi with booted feet on his thigh, forcing hi to lie down. e would be unable to

identify any one of the.

1+. >nder cross(e&aination, !g"wanca said that before his suervisor Thandisi?we *otsora was shot in

the right thigh, he -*otsora/ aeared running holding a firear. >nder re(e&aination, he said that they allowed

beneficiaries to enter the reises at 0h0.

16. 7n the orning of the day in "uestion at about 0@h00 !r Joseh Tshiogoda who is eloyed by All 'ay

4ash !aster, was at Newlands. e is a syste controller and reairs achines which release oney. e was on

duty so that he would reair a achine if it would not release oney. A shortwhile after Tshiogoda had entered the


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hail at Newlands he heard gunshots and eole were screaing and running for cover. e said that he saw four

en who entered the hail holding guns. The en deanded oney fro ayasters. The ayasters oened

disensor achines which Tshiogoda had reaired. The en too# all the oney which was contained in bo&es

into their blac# bag.

1. After ta#ing the oney the en deanded #eys to their cars, Tshiogoda gave the the #ey to his Toyota ilu&

van because a firear was ointed at hi. The en too# the #ey and left the hail. Tshiogoda saw the van being

driven in the direction of !dantsane, e said that he was standing near the oney achines when the en

entered the hall. e said that the en were wearing as#s. e could not identify the. hen the en deanded

oney and #eys they so#e isiFhosa. Tshiogoda said that he understands a bit of isiFhosa. The registration

nuber of the 2000 odel van is 49! 60 34. t is worth )61 @00,00. The vehicle was recovered in !dantsane

near the )oan 4atholic 4hurch. Tshiogoda said that soe shots were fired outside the hall.

1@. >nder cross(e&aination, Tshiogoda re(iterated that four en entered the hall. e said that the assailant

who ointed a firear at hi was as#ed and that all the en he saw were as#ed. e further said that when he

was ordered to hand over the #ey he was lying down.

1$. Thandisi?we *otsora who is eloyed by Chulani *ecurity 4oany as a security guard was the


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suervisor of his security coany guards on the orning in "uestion. e was osted inside the hall where

beneficiaries were being aid. At about 0@h0 *otsora heard noise of screaing

eole outside the hall. e becae curious and atteted to wal# out of the hall through the front door but it

would not oen. t aeared to hi that the door was loc#ed fro outside. e decided to use the bac# door, As he

was roceeding towards this door he saw security guards who were his colleagues, running carrying their

firears. e thought that the security guards were chasing soething and was curious to #now what was

haening outside the hall. e wal#ed out of the hall and drew his firear, e went round a van which was ar#ed

near the building.

20. As he was wal#ing he was shot fro behind in the left thigh. e heard several other shots. As a result of the

gunshot he sustained a fracture and a bro#en nerve. hile he was lying down soeone cae to hi and reoved

his handgun and handcuffs. A an cae to hi later to chec# whether ites such as a firear had been ta#en.

e was aditted in hosital for three days and was discharged on the fourth day.

21. hile *otsora was lying on the ground soe eole cae out of the hall, tried to start a condor otor

vehicle which was used by All 'ay !aster staff ebers. Those eole were unable to start the vehicle. Those

eole returned to the hall to deand #eys for the van he was lying

ne&t to. They returned and atteted to start the van but were unable to start it. 7ne of the en shouted saying:

GThis is also a driver. He must get up and start the bakkie himself

*otsora told the that he could not get u to start the van. e told the to insert an iobilisers in the dash


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board. They were able to start the van, got into it and drove away. e said that he noticed that the en were

anic#ing. e lay on the ground for 0 inutes before an abulance cae to ta#e hi.

22. *otsora reebered where he osted his four colleagues on that orning. e osted Thandiie

!g"wanca at the sall gate. =ufefe Andries was osted at the otor gate, *ydney %lo at the bac# door through

which reciients of grants entered. utton *taer was to ove around the ay oint.

2. hile *otsora was lying on the ground two robbers tal#ed to hi. 7ne of the was ared with a istol,

ointed it at hi -*otsora/ when he was searching hi. That an said that they were not there to shoot but to

ta#e oney. *otsora said that, that an had olice boots on, a blue Eean and a cobat to used by the olice.

7n his head he wore a woollen hat #nown as HbotyoH and was light in cole&ion.

2. Another an cae to *otsora while other en were inside the hall. At that stage he had been disared.

This an so#e isiIulu and was anic#ing when they were trying to start a vehicle as#ing what was causing the

delay. *otsora said that he had a good loo# at this an. The an wore a arabeflu air of shoes. is air of

trousers and his Eac#et were brown in colour. e was dar# in cole&ion and slender.

2+. *otsoraDs firear which was ta#en is a Norinco $ istol ( serial nuber 660116 which contained eight

rounds of aunition in its aga?ine. n another searate aga?ine there were eight rounds of aunition. This

aga?ine was also ta#en by the robbers. The firear belonged to Chulani *ecurity 4oany.


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26. *otsora attended an identification arade. e said that, because there were any eole on the

arade, he did not identify any erson.

2. !s Noathasan"a 3dith Tini is eloyed by All 'ay 4ash !aster. *he is the tea leader. 7n 12 July 2006

at about 0h0 she and others were aying out social grants at N&arhuni -Newlands area/. hile they were inside

the hail there was noise outside the hall. A security guard who was inside the hall went out to investigate the noise

and gunshots. Another security guard who was outside the hall entered the hall being held by a certain an. Tini

said that they ran and hid under a table. The an who drove the security guard into the hall went to where Tini and

others were and ordered the to ta#e out oney.

2@. Tini got u and roduced a #ey and shouted to a colleague to coe with the #ey. The en who entered the

hall were carrying a bag and roceeded to the table. Tini said that she too# out oney and ut it inside the bag.

The en went out of the hall. 7ne of thern returned to the hall and aroached an HTH guy to give hi a #ey. Tini

said that the en went away.

2$. According to Tini, before the cootion started there were about si&ty beneficiaries inside the hall. *he said

that she saw three en enter the hall with the security guard and that when they deanded oney fro her, their

firears were ointed at her. *he was wearing a red aron. 7ne an too# her out fro under a table, 7ne of the

en was with the security guard.


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0. Tini described a oney achine as a steel bo& which has four doors, each door with a adloc#. nside a big

bo& there are sall lastic containers where oney is #et. A button is ressed in order to ta#e out oney. The

en ordered Tini to ress the button.

1. Tini said that ayasters on that day were =uvuyo and %outcher and that the en too# out containers into their bag.

According to her no shots were fired inside the half *he said that she sustained no inEuries. *he did not #now how

uch oney was ta#en. *he thought that the incident occurred between 0h0and 0h+.

2. 4heryldene %outcher was eloyed by All 'ay 4ash !aster on 12 July 2006. hen she testified she was no

longer eloyed by the coany. *he was art of the tea which aid out social grants on the day in "uestion. At

about 0h+ they were already inside the hall and they heard shots outside the hall. There were elderly eole

inside the hall. hen shots were fired beneficiaries fell over the chairs and hid theselves. *oe lay on their

stoachs on the floor.

. According to %outcher four robbers entered the hall. 7ne of the robbers ushed a security guard and caused

hi to lie on the floor. The robbers as#ed where ayasters were. They found the tea leader because she wore

an All 'ay aron and they ordered her to oen the achine. The tea leader screaed and called one of the

ayasters.

. %outcher was also wearing a blue aron. *he was grabbed on her shoulders. A firear was ointed towards

her head as she was ordered to oen the achine without delay. The tea leader also oened the achine.

%outcher too# out fro the achine canisters or oney containers and ut the inside a blac# bag. After the

robbers had ta#en the bag they ordered %outcher and others to lie down on their stoachs. The robbers then left.


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+. According to %outcher all the four robbers inside the hall were ared. 7ne carried a rifle and others carried

what aeared to be $ istols. *he said that the robber who was in front of her wore a balaclava hat. %ecause

the incident occurred very fast, she was unable to identify the robbers.

6. *ydney %lo is a security guard eloyed by Chuiani *ecurity 4oany. e was on duty at the Newiands

ay centre on the orning of 12 July 2006. e atrolled at the bac# of the hall. hile he was atroliing he heard a

screa fro the front side of the hall. e did not #now then what was haening but suddenly saw two security

guards running towards his direction. As his colleagues were e&laining to hi what was haening he saw three

en running towards the, These en were firing shots in their direction. As %lo was running away to ta#e

cover he fell down and his firear reained on the ground. e reained on the ground and watched the three

strange en as they chased his colleagues *taer and Andries.

. %lo saw the three en return. 7ne of the three en returned with another an he had not seen earlier. e

heard the strange en saying that they should go as they were getting fate. %lo got u and saw a van being

driven round the corner at high seed. e said that the three en who chased his colleagues were about twenty

aces -indicated/ fro hi and that all the three en were ared with $ handguns. e indicated the distance

the three strange en ran behind his colleagues as about 100 etres. The other strange an he saw return with

one of the three en was also carrying a firear. e was unable to identify the strange en because of the

distance.


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@. >nder cross(e&aination, %lo said that he did not #now how any en boarded the van and that the three

en he saw were not those who entered the hall. hen those who were chasing returned they as#ed whether all

the oney had been ta#en. %lo said that one of the strange en wore a reddish hat and that he -that an/

would soeties cover his head. 7ne wore a greyish s#ier shirt. Another one wore a luber Eac#et. A tall

strange an aeared to be addressing *taer and Andries in isiIulu saying Ho?a laH. >nder re(e&aination

the 4ourt %lo said that none of the security guards fired bac# at the strange en,

$. !tobeli !dingi is a *ergeant in the *outh African 'olice *ervice and is stationed at


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record.

2. The first accused !sobovu hinga toid the 4ourt that on 12 July 2006 he was not at Newlands and that he could not

reeber where he was because it has been a long tie. e denied that(he coitted robbery on that day. e

said that what the olice wrote in his stateent -confession/ did not coe fro hi. >nder cross(e&aination,

hinga aditted that in his bail alication he said that he bought a car fro ;raserDs garage for )2 000,00 at

the end of July -no year was given/. e denied that he bought the car with his share of the soils.

. The second accused =ungiie Jaiso denied that he coitted robbery on 12 July 2006. e did not #now

where he was on this date but he would go to the ighway ta&i ran# where he sold his goods. e said that he has

been in custody for a long tie. At the identification arade Jaiso was not identified. e said that before he

aeared before the !agistrate who obtained his stateent the olicean who escorted hi read a docuent to

hi written in 3nglish which the olicean translated into isiFhosa.

. The third accused 4aagu Iiela denied that he was involved in the robbery which too#

lace at Newlands on 12 July 2006. e said that he could not say where he was on this date

because it is a long tie ago. e would go and sell his cleaning aterials and would visit his

custoers.


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+. !ncedisi Titshala, the fourth accused, was a ta&i driver rior to his arrest. e said that what is

contained in the stateent he allegedly ade did not eanate fro hi. e said that he was not

one of the en who coitted robbery at Newlands and that he did not attet to #ill

Thandisi?we *otsora. e could not reeber where he was on 12 July 2006. e oerated a

ta&i on all days e&cet on *undays. e said that he wor#ed fro 0+h00 to 1$h00. The ta&i would

be bac# at its ownerDs lace at 1$h00.

6. The fifth accused =uvuyo !cahu#isi wor#ed for %uffalo 4ity !uniciality in 3ast =ondon at the tie of his

arrest. e said that he was not resent at Newlands on 12 July 2006, that he never atteted to #ill soeone or

eole there and that he did not ossess a firear or aunition. !cahu#isi said that he was told by !r

*ityoshwana where to oint out during the alleged ointing out. e further said that on 12 July 2006 he was at 8r

TheronDs consulting roos at the ighway in !dantsane and was attended to by a young edical doctor very

early in the orning at about 0@h00. e said that he waited there but did not reeber the tie when he was

attended to. e did not go to wor# on that day. e would not disute that a doctor saw hi after 0$h00. According

to 8r 3dward van )ensburgDs reort Dar#ed e&hibt >=T handed into 4ourt by agreeent, the doctor saw

!cahu#isi on12 July 2006. 8r van )ensburg did not #now the e&act tie but said that it couid have been after

0$h1+. The e&act tie when a atient is seen is not recorded. According to the doctorDs reort !cahu#isi

colained of general body ains but was not found to be seriously ill. As#ed whether a erson who was not

involved in the robbery couid a#e a ointing out, !cahu#isi said that he disuted it because he was not resent

where the robbery too# lace. e said that he did not #now the lace -Newlands/ and that he first went there

when the olice too# hi there.


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. The si&th accused =i?o =ube denied that he coitted robbery and other offences at Newlands. e said that

on 12 July 2006 at about 0h00 he was at 8ora Ngin?a hosital in 'ort 3li?abeth. e had not been seen by that

hosital before that day. =ube said that he went to the hosital because of headache, that his teerature was

high and his whole body was hot. is teerature and blood ressure were tested. e however left the hosital

before he received edication because he was hungry and his body was no longer hot. )esonding to the

"uestion Hwhy is this aiibi surfacing for the first tie towards the end of this trialKH, =uber said that it was because

it was the first tie he was "uestioned about it. e said that he infored the olice at 5rou @ that he was in

hosital on 12 July 2006 and they said that he would tell the 4ourt about it. e said that he first infored his

4ounsel about the alibi when he consulted hi before he gave evidence(in(chief in the ain trial.

-After a short adEournent !r 'ango who reresents =ube stated that he would not call 8r


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having born in 1$@1, is not a child. Their definition of child is a erson under 12 years of age. The hosital deals

with atients who have been referred to the hosital by edical doctors or hositals and those who were seen by

the hosital before. The stic#er on the folder which urorts to contain =ubeDs reort of 12 July 2006, ar#ed

De&hibit TTD was not used in 2006. A different stic#er was used at that tie. =uber would have been dealt with as

an eergency case had he been at the hosital on 12 July 2006. The casualty register for that day does not show

=ubeDs nae. The reort shows that =ube was at the hosital at 0h1 on 12 July 2006 and that he was

attended to by assistant nurse N ' Ntshinga. There was no erson eloyed by the hosital #nown as N '

Ntshinga on 12 July 2006.

$. =indile =incoln !agi, the seventh accused, denied that he coitted robbery at Newlands on 12 July 2006. e said

that on that day he was doing his usual wor# at his sa?a sho which he co(owns with !adoda =enno& 4ingo. e

also trained young cric#eters fro !onday to Thursday. !agi denied that he ade the stateent in which he

ilicated hiself. e said that soeone would tell the 4ourt that he was busy in his sa?a sho on the day in

"uestion. -!r 'ango indicated that he would call !r !adoda =enno& 4ingo as !agiDs witness. 7n the following

day, the 0$th8eceber 200$ !r 'ango closed the case of !agi without calling !adoda =enno& 4ingo/.

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ATN3=AN8*3)3N7T83NT;38. T3*TAT3)3=3*7N*TAT3!3NT*AN8*7!3'7NTN5*7>TT3A44>*38!A83

N 4 T39 !'=4AT38 T3!*3=T 3)3 A8!**%=3 N 3=N5* ;7)!


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'A)T 7; T* )347)8. T3 47>)T )>=3* ;NA==9 TAT T3 *TAT3!3NT* AN8 '7NTN5* 7>T N )3*'34T 7; T3

A44>*38A)3A8!**%=3N3*38!*7%7!N5AD*'7NTN57>T*TAT3!3NT*!A)C38D3F%TNL

+1.2. *47N;3**7N*!A)C38D3F%T=1.

+1.. The second accused =ungile JaisoDs confession is ar#ed De&hibit 0D. Jaiso stated before the

!agistrate that the incident occurred on 11 August 2006 but the events he referred to are clearly those of

12 July 2006.

+1.. The third accused 4aagu IielaDs confession is ar#ed De&hibit 44-2/D

+1.+. !ncedisi Titshala, the fourth accusedDs stateent is ar#ed De&hibit 55D.

+1.6. =uvuyo !cahu#isi -accused No. +Ds/ ointing out with stateents is ar#ed De&hibit D.

+1.. The si&th accused =i?o =uberDs confession is ar#ed De&hibit ))D,

+1.@. The seventh accused =indiie =incoln !agiDs confession is ar#ed De&hibit **D.


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+2. *ection 20$ of the 4riinal 'rocedure Act2rovides:

"Anaccused may be convicted of any offence on the single evidence of a confession by such accusedthat he committed the offence in question, if such confession is confirmed in material respect. Or, where

the confession is not so confirmed, if the offence is proved by evidence, other than such confession, to

have been actually committed."

+. A 47N;3**7N!A83%9AN9'3)*7N*A==%3A8!**%=3A*3


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+6. The fifth accused =uvuyo !cahu#isi ointed to 4atain ;rederic# Johannes Cot?e a lace near toilets

where a security guard was held u at gunoint and his rifle was ta#en. This haened after !cahu#isi had

ointed out a hall. e further ointed out a lace where the van of All 'ay was ar#ed and also a lace where a

condor otor vehicle was ar#ed and it would not start. e entioned that soe of the security guards fled and

that one was shot. e also ointed out a door at the bac# of the hall where they entered. e said that HThey then

too# a ba##ie and escaed with it -Toyota %a##ie/ with a canoy ...H on their way bac# !cahu#isi ointed out a

lace near the Cing illiastown ( 3ast =ondon highway on the tarred road where they et two *A'* -*outh

African 'olice *ervice/ otor vehicles which tried to bloc# the road, but they anaged to get away between the

otor vehicles.

+. The first accused !sobovu hinga led *uerintendent N#osiyane to a house in !dantsane where the

robbery was lanned. hinga showed *uerintendent N#osiyane a hall and told hi that he and five friends

ointed firears at four security guards at the gate. e said that he was the only one who was not ared as he

was carrying a huge bag in which oney would be carried. e said that there were any bo&es of oney and that

soe were ety. e also ointed out a church #nown as 4hrist the Cing where a van was abandoned. =astly

hinga ointed out a house in unit si&teen where they cut oney bo&es and then shared the oney.

+@. The fourth accused !ncedisi Titshala aditted that he accoanied soe eole to a lace near

Newlands on a date which he did not reeber. e left the there and drove the car bac# to his house during the

early orning of that day. =ater on that orning soeone called hi on his cellhone as#ing hi to return to


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where he had left the two en. The caller intended to ta#e a grinder fro the boot of the car. Titshaia returned to

that lace where the calfer reoved the grinder fro the boot of the car after which he returned to his hoe in

!dantsane with the car and arrived there at about 06h0. At about 0@h0 on that orning soeone called hi on

his cellular hone as#ing hi to coe and ic# the u at unit nine near the )oan 4atholic 4hurch. e drove to

the church where he found the two en he had earlier that orning accoanied to Newlands together with

"other guys walking in the street and they held a big black bag .. Titshala stoed the vehicle he was driving

near these eole. e saw that they were carrying sall suitcases. All these ites were laced in the boot of the

car Titshala was driving. e was told to drive to a house at unit 16 in !dantsane and wait for the there. None of

those eole got into the car. e drove towards the house and stoed outside the house. Those eole arrived.

tes were ta#en out of the boot. Titshala could not see what was inside the bags and suitcases. The guys

entered the house after which Titshala also entered the house. The bag and suitcases were in the dining roo of

that house. Titshala was told to wait in the #itchen and could hear the oening of the bags. hen they finished

they called hi and he received ) 000,00 fro one of the guys. They were later told to diserse. Titshala said

that he used the oney for his needs and to settle his debts. t is clear fro the events that the date Titshala could

not reeber is the 12thJuly 2006.

+$. !) '7'7 7 )3')3*3NT* T3 ;)*T T)33 A44>*38 A)5>38 TAT T3 47>)T *7>8 )>=3 ;NA==9 TAT T3

47N;3**7N*7;*4=3NT*A)3N7TA8!**%=3 N3


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T7>T >N8>3 N;=>3N43, A* * 4=3NT* A8 %33N T)3AT3N38, A**A>=T38 AN8 T7)T>)38, 3 A=*7 A)5>38

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TATT39N3


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62. The 4ourt finds that the first, second, third, fifth, si&th and the seventh accused are the assailants who

fired shots, shot Thandisi?we *otsora, coitted robberies at Newlands, escaed in the white van, abandoned

it near the )oan 4athoiic 4hurch and shared oney in a house at unit 16 in !dantsane. They ust have

foreseen the ossibility that the firears they were ared with would be used, before, during and after the robbery

to threaten, to induce subission, to rotect ites robbed and to shoot and even #ill those who would resist or

stand in their way.

6. The fourth accused !ncedisi Titshala did not adit that he was one of the assailants at Newlands and

that he was one of those who coitted offences there. According to hi his role is as stated above. There is a

strong susicion that he #new that ension oney would be robbed at Newlands, n his stateent he does not

state whether or not he as#ed the two ersons he accoanied to Newlands where they were going to, why they

as#ed hi to return to !dantsane with that car, why they needed a grinder which was in the boot of the car, what

the blac# bag and suitcases contained and why he was given ) 000,00. owever it cannot be said that it has

been roved beyond reasonable doubt that he consired with others to coit the robbery or that he #now that

the bags and the suitcases which were ut in the boot of the car he was driving near the )oan 4atholic 4hurch

at unit nine in !dantsane contained oney which had been robbed at Newlands earlier on that orning, t can

also not be said with certainty that the ) 000,00 he received was his share fro the oney which had been

robbed and that the oney was art of the oney which was robbed at Newlands.


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6. According to the indictent )226 $10 was robbed. !s Noathasan"a 3dith Tini, the colainant

on this count, did not #now how uch oney was ta#en by the robbers at Newlands on the 12 thJuly

2006. There is however sufficient evidence that !s Tini and her colleagues were robbed of an aount

of oney.

6+. $ER(ICT

T347>)T;N8*>NAN!7>*=9TAT:

6+.1 A44>*38N>!%3)*7N3, T7, T)33, ;NT*7N3, T7, T)33, ;7>), ;*38N>!%3)*7N3, T7, T)33, ;=T97N

47>NT**3*38N>!%3);7>)!N438*TT*A=A;;7>N8N7T5>=T97NA==47>NT*.

A E B (H)O(H)O

*U(GE OF THE HIGH COURT

ACTING (EPUT *U(GE PRESI(ENT

&& #ARCH 200;


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FOR THE STATE: #R A C ERAS#US

FOR ACCUSE( ONE@ TO. AN( THREE: #R #B POPO AFTER#R#OOI#ANHADITH(RAN.

FOR ACCUSE( FOUR AN( FI$E: #R $ #AG%ABI

FOR ACCUSE( SI= AN( SE$EN: #R S $ PANGO

The State vs Qhinga: HIGH COURT JUDGMENT

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Transcript of The State vs Qhinga: HIGH COURT JUDGMENT