S v Dlodlo

• Jurisdiction: South Africa
• Judge: Mbatha J and Poyo Dlwati J
• Judgment Date: 01 June 2018
• Docket Number: AR40/17
• Hearing Date: 01 June 2018
• Court: KwaZulu-Natal Division, Durban

Poyo Dlwati J:

[1]

The appellant was convicted of one count of housebreaking with intent to steal and theft by the Regional Court sitting in Richards Bay on 28 June 2016. On the same date, he was sentenced to eight years' imprisonment. The appellant applied for leave to appeal against his sentence but same was refused by the learned magistrate. After petitioning the Judge President of this division for leave to appeal against his sentence, same was granted on 20 February 2017.

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Poyo Dlwati J

[2]

The facts upon which the appellant was convicted were as follows: On 4 July 2014 Ms Jabulile Julia Malinga, who was employed as a domestic worker at the home of Mr Matthew Neil Strydom situated at 9 Dolfyn Deining Road, Meerensee in Richards Bay testified that she was on duty on that day. Whilst she was busy with her duties, having commenced working at 07H00, she spotted a male person outside the house but within the yard of Mr Strydom. She telephoned Mrs Strydom and advised her about what she had seen. After talking to Mrs Strydom, she saw that person walking out through the gate.

[3]

She continued working. Later at about 09H00, she again looked through the window. This time she saw two persons entering through the gate proceeding towards the garage. She again telephoned Mrs Strydom and advised her of what she had seen. She noticed the handle of the door that leads to the garage moving. That door had been locked and Mr Strydom usually locked it. Soon thereafter the door was opened and the two males were inside the house. She ran away and hid herself in the bathroom.

[4]

Mrs Strydom phoned Ms Malinga and enquired where the people were. She told her that the people were inside the house. A few minutes later, whilst still shocked inside the bathroom, Mr Strydom arrived in the house and called her out. Mr Strydom thereafter conducted an inspection of the house in the presence of Ms Malinga. Ms Malinga noticed that the cabinets in Mr Strydom's bedroom were opened. A jewellery box and some cellular phones were found to be missing. She was not able to identify those two males as they had been facing away from her.

[5]

Mr Donovan Demuny, Mr Strydom's neighbour, testified that he and Mr Rodney Laurens had just returned from fishing on the day in question. One of his neighbours had received a message on her mobile group whatsapp that there

2018 JDR 0752 p3

Poyo Dlwati J

were some people in Mr Strydom's yard. They proceeded to Mr Strydom's home. As they were approaching Mr Strydom's home they saw one male person on top of the wall with a Checkers bag in his hand. Thereafter Mr Demuny saw the appellant standing on top of the running board (being the flat section in front of the cab) of a truck that was stationary in Mr Strydom's home. The appellant was trying to climb the wall. When the appellant saw Mr Demuny he jumped off the truck and ran away. Mr Demuny gave chase. Mr Demuny saw that the appellant was carrying an electric device which was later identified as Mr Strydom's weather station. As the appellant was running away he threw the weather station on the ground. He continued to run down the road as Mr Demuny was chasing him.

[6]

Mr Demuny managed to grab hold of the appellant. They wrestled and Mr Demuny managed to push the appellant to the ground. On the other hand the person that was on top of the wall jumped off to another neighbour's property and ran away. Mr Laurens went and joined Mr Demuny and assisted him in tying the...