R v Qgatsa and Others

• Jurisdiction: South Africa
• Judge: Price JP and Wynne J
• Judgment Date: 23 October 1956
• Citation: 1957 (2) SA 191 (E)
• Hearing Date: 23 October 1956
• Court: Eastern Districts Local Division

Wynne, J.:

The accused in this case, Simbeku Qgatsa, Tele Bangazani, C Mtsetse Mbengo, Nopupani Dalibuku and Makwenkwe Dalibuku, were convicted by the landdros of Elliotdale on the 14th September, 1956, of the theft of one sheep, the property of certain Nkasi Qalani, a resident of Shinira Location in the district. Each was sentenced to four months' imprisonment with compulsory labour, and in addition a compensatory fine D of £3 or 14 days' imprisonment with compulsory labour was imposed on the accused jointly and severally.

The complainant testified that he lost one sheep on the 22nd August, 1956, searched for it unsuccessfully that day, and organised a search party on the next day. Complainant saw a native youth, Masendese Bokado, come from Gwatshe's kraal and deposit something in a donga. On E investigation he found it to be the skin of his missing sheep, which he recognised by its markings.

Masendese Bokado gave evidence that one evening at dusk he was called by a certain Ngamatyana, and instructed to catch a sheep. Masendese and Ngamatyana then caught and slaughtered a sheep near Gwatshe's kraal. After skinning the sheep they took it to a deserted kraal - that of F Pongomile, deceased. Whilst the sheep was being cooked, all five accused and certain Silolwana Mtwentu arrived at the kraal. All these persons took part in eating the cooked meat of the stolen sheep. Accused enquired where the sheep came from, and were told it was a stolen sheep. Later the remainder of the sheep was taken to Gwatshe's kraal by accused Nos. 4 and 5, Masendese and Ngamatyana, who consumed it there. G Ngamatyana then instructed Masendese to hide the bones and skin. Whilst in the act of so doing, Masendse was observed by the complainant and his search party.

Silolwana Mtwentya, accused No. 7, against whom the charge was withdrawn, gave evidence that he was called to Pongomile's kraal by H Masendese, where he met Ngamatyana and assisted in cooking the stolen sheep. Ngamatyana was in charge of the feast, in which all five accused participated in eating of the stolen sheep.

All five accused were represented by an attorney, Mr. Rose. At the conclusion of the Crown case, accused Nos. 1 and 2 elected to give evidence, whilst accused Nos. 3, 4 and 5 were not called on behalf of the defence.

Wynne J

Accused No. 1 stated categorically - 'I never had any meat at Pongomile's kraal'. He was not cross-examined at all on this.

Accused No. 2 said similarly - 'I deny that I had some meat of a stolen sheep. I was not at Pongomile's kraal'. Under cross-examination he A stated that he could give no reason why the accomplices Masendese and Silolwana should make a false accusation against him.

The magistrate, in furnishing his reasons for judgment...