S v Janse Van Rensburg
| Jurisdiction | http://justis.com/jurisdiction/166,South Africa |
| Judge | CI Moosa J |
| Judgment Date | 01 April 2022 |
| Court | Mpumalanga Division, Mbombela |
| Docket Number | CC 70/2020 |
| Citation | 2022 JDR 0912 (MN) |
Moosa J:
MR NICHOLAS HENDRIK JANSE VAN RENSBURG ('accused') is arraigned on the following charges:
COUNT 1:
MURDER READ WITH THE PROVISIONS OF SECTION 51(1)(a) AND PART 1 OF SCHEDULE 2 OF THE CRIMINAL LAW AMENDMENT ACT 105 OF 1997
Moosa J
IN THAT on or about 13 October 2019 and at or near Mjejane RDP next to Walala Wasala Tuck-shop in the district of Komatipoort the accused did unlawfully and intentionally assault ZITHA ANDISWA NANCY, an adult female by beating her causing serious injuries as a result whereof the said ZITHA ANDISWA NANCY died on 15 October 2019 in the Tonga Hospital.
[1.2]
COUNT 2:
RAPE IN CONTRAVENTION OF THE PROVISIONS OF SECTION 3, READ WITH SECTIONS 1, 55, 56(1), 57, 58, 59, 60 AND 61 OF THE CRIMINAL LAW AMENDEMENT ACT (SEXUAL OFFENCES AND RELATED MATTERS) 32 OF 2007 READ WITH THE PROVISIONS OF SECTION 51(1) OF ACT 105 OF 1997
IN THAT on or about the date and at or near the place mentioned in count 1, the accused did unlawfully commit an act of sexual penetration with ZITHA ANDISWA NANCY, a female person, by inserting a wooden spoon into her vagina, more than once, without her consent.
The accused pleaded not guilty to the charges, which he faced in the indictment. Mr Manzini, ('Mr Manzini') on behalf of the accused confirmed that the plea of the accused was in accordance with his instructions, and that the accused's defence was that of an alibi; in that he was in Malelane at the time of the commission of the offence, and further that he did not know the deceased.
The accused accordingly confirmed the plea explanation made on his behalf.
The accused was duly explained the provisions, application and implications of the Criminal Law Amendment Act No. 105 of 1997 ('Minimum Sentences Act'), as well as the seriousness thereof. The accused confirmed that he accordingly understood the provisions of the aforementioned Act.
Moosa J
ADMISSIONS:
The accused made the following admissions on 15 November 2021, in terms of section 220 of the CPA and which was handed in as Exhibit "A", briefly:
Admitting that he made the admissions freely, voluntarily and without any undue influence, and that the admissions sought were duly explained to him.
Admitting that the deceased is the person mentioned in the indictment, and that she died on 15 October 2019 at Tonga Hospital, in the district of Nkomazi, as a result of injuries sustained consequent to the assault on her that took place between the night of 12th including the early hours of 13 October 2019.
Admitting that on 17 October 2019 Dr Jan G Maree ('Maree') performed a medico-legal post-mortem examination on the body of the deceased person, and recorded his findings on the form GW7/15, with Death Register Number DR 219/2019, herewith handed in by consent as Exhibit "B".
Admitting that the cause of death of the deceased as being correctly recorded in Exhibit "B" to wit: "STOMP TRAUMA".
Admitting that the facts and findings of the medico-legal post- mortem examination recorded by Dr Maree in the post-mortem report, Exhibit "B", are true and correct.
Admitting that the body of the deceased did not sustain any further injuries from the time that she was transported from Mjejane RDP, to Tonga Hospital for treatment until her death on 15 October 2019.
Moosa J
Admitting that in furtherance of the assault upon the deceased, a wooden spoon was inserted into her vagina, which resulted in severe bleeding from her private parts.
Admitting that the deceased was still alive but severely injured when she was discovered in the house of Bheki Vuma, and that a few days later she succumbed to her injuries.
To discharge the onus upon it to prove that the accused committed the crimes charged, the prosecution called the following five viva voce witnesses:
Nelisiwe Happy Maboso ('Maboso'), the deceased's neighbour testified, inter alia, as follows:
[a] She knows the deceased as one 'Skoni' for a period of approximately 2 (two) years prior to her death.
[b] During the early hours of 13 October 2019, she was requested by Bheki Vuma ('Vuma") to attend at his residence in order to render assistance to him. Upon her arrival at Vuma's residence, she observed the deceased lying on the sofa in Vuma's bedroom. She observed the deceased's eyes were swollen and she was bleeding from her eyes. She further observed a bloodied wooden spoon lying on the floor, and noted that there was blood on the deceased's legs. In addition thereto, she observed that the deceased was bleeding from an injury on her neck.
[c] She then enquired from the deceased as to what had transpired and what had caused her injuries. The deceased informed her that she was beaten by Vuma's friend, who is a White man ('Mlungu'). The deceased said that 'Mlungu' had assaulted her and penetrated her with the wooden spoon. One Thuli Khoza was
Moosa J
subsequently summoned, and she communicated further with the deceased.
That in essence concluded the evidence of the 1st witness, Maboso.
Bheki Vuma ('Vuma'), the deceased's friend testified, inter alia, as follows:
[a] He knew the deceased as one 'Skoni' for a period of approximately 2 (two) years, as she used to visit him at his place of employment.
[b] He does not know where the accused resided at the time of the commission of the offence, but got to know the accused over a period of time as he used to frequent the tavern where Vuma worked.
[c] On 13 October 2019 at approximately 16h00, the accused attended at the tavern. He informed Vuma that he wanted to bath, and requested this witness to assist him in this regard. Vuma duly took him to his residence for this purpose, however, the accused did not take a bath. Instead Vuma ended up having a bath.
[d] hey then returned to the tavern. The accused then suggested that he will sleep the night at Vuma's residence. Vuma then informed him that he will be working that evening and handed his house keys to the accused, and further advising him that he could go and sleep whenever he felt tired. Vuma gave the accused the only set of keys that he had for his house.
[e] The accused subsequently left the tavern, and Vuma was under the impression that the accused had proceeded to his residence in order to sleep, as he was in possession of the keys.
Moosa J
[f] During the early hours of the morning, Vuma returned to his residence. Upon entering therein, he observed that the bedroom door was open and that his keys were hanging on the door. He assumed that the accused was in the bedroom, and expected to see him therein.
[g] Due to the fact that it was dark, Vuma used matches for purposes of illumination. He thereafter observed blood on the floor, as well as a bloodied wooden spoon. After striking the second match, he saw a naked person on the sofa in his bedroom, and identified this person as 'Skoni'. He expected to see the accused in his bedroom. He became scared as a result of what he observed and ran out of his house, in order to seek assistance.
[h] He proceeded to Maboso, and requested her to accompany him to his residence in order to render assistance. Upon their return, he further observed that the deceased was bleeding from her private parts, and that she had a stab wound on her neck and which was bleeding. He was afraid to approach the deceased as she was naked.
[i] They were also joined by one Thuli Khoza, who also conversed with the deceased. He learnt from Maboso that the deceased had implicated the accused as the person who was responsible for her injuries.
[j] He positively identified the accused as the person who was with him on the day in question, and further confirmed that at all material times he referred to the accused as 'Mlungu'. Vuma further attended an identification parade, whereat he positively identified the accused.
Moosa J
[k] During cross-examination, he was adamant that it was the accused who was the one who accompanied him to his house that day. Further, stating that even the neighbours had seen the accused in his company, when they went to his house.
[l] He was further adamant that he had given his keys to no one else but the accused on 13 October 2019. He denied the alibi of the accused, when it was put to him that the accused was working with one Oom Piet on the Saturday, 12 October 2019 in Malelane, and that he was in Malelane until 21h30. He was adamant that the accused was with him at the tavern, and at the time when it is alleged that he was at Malelane.
That in essence concluded the evidence of the 2nd witness, Vuma.
Thuli Precious Khoza ('Khoza'), testified, inter alia, as follows:
[a] The deceased is known to her as 'Skoni'. During the early hours of 13 October 2019, at approximately 03h00 – 04h00, she was called by Maboso to render assistance.
[b] She proceeded to Vuma's residence and upon entering his bedroom observed the deceased to be lying on the floor. She removed the blanket from the deceased's body and observed that the floor was full of blood, and that the deceased was also covered in blood. She further observed a bloodied wooden spoon. In addition thereto, she noted that the deceased's face was swollen and that she had a wound on her neck, which was bleeding.
[e] The deceased then informed her that it was 'Mlungu', Vuma's friend who did this to her, in that he assaulted her, penetrated her with a wooden spoon and then stabbed her with
Moosa J
a knife, and left her for dead. The deceased was later taken to hospital by ambulance for treatment.
[f] She was clear that she saw the accused in Vuma's company, at the time when they were at Vuma's house, during the afternoon of 12 October 2019. At the time when she had observed the accused in Vuma's...
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