S v Monyane and Others

• Jurisdiction: South Africa
• Court: Supreme Court of Appeal
• Judge: Brand JA, Lewis JA and Ponnan JA
• Judgment Date: 23 November 2006
• Citation: 2008 (1) SACR 543 (SCA)
• Hearing Date: 14 November 2006
• Docket Number: No 160/01
• Counsel: E Theron (pro deo) for the appellants. AP Wilsenach for the respondent.

Ponnan JA:

[1] The present three appellants were convicted in the Pretoria High A Court (Borchers J, sitting with assessors) on two counts of murder. The fourth, the erstwhile first appellant, who has since died (I will continue for convenience to refer to him as the first appellant), was in addition to those two charges also convicted of contraventions of the Arms and B Ammunition Act 75 of 1969. Each was sentenced to imprisonment for a term of 25 years in respect of each of the murder counts. Ten years of the sentence in respect of the second count were ordered to run concurrently with the sentence on the first in respect of the second and fourth appellants, and 12 years of the sentence on the second count were ordered to run concurrently with the first in respect of the third C appellant. The effective sentence was thus 40 years in respect of the former two and 38 years in respect of the latter. They appeal, with leave of the learned trial judge, against those convictions, as well as the sentences imposed pursuant thereto.

[2] At approximately 5:05 pm on 6 June 1995, Mr Isaac Hlope was D seated at the front door of his property, Plot 1 Linkholm, in Vanderbijlpark, when he observed a white Toyota Corolla. The vehicle appeared to stall. The occupants, all men, who alighted from the vehicle, succeeded in restarting it. The vehicle travelled approximately 100 m before coming to a halt in front of his gate. Once again, the occupants of the vehicle succeeded in restarting it. The vehicle then drove off in the direction of E Plot 26. Thirty minutes later, Hlope noticed the vehicle once again. This time, it drove past his house in the opposite direction.

[3] The movements of that vehicle and its occupants during the intervening 30 minutes is to be found in the evidence of Agnes Tsoletsi and Anna Ramoletse. Agnes was making her way on foot, in the company of F 12-year-old Anna, to Plot 26, the home of Jacobus Frederick Pieter van Zyl and his wife Carolina, to purchase paraffin, when they noticed three men. Those three men preceded Agnes and Anna onto Plot 26. Agnes remained at the gate whilst Anna made her way with an empty container and cash to the Van Zyls' kitchen door to acquire the paraffin. On her G way to the kitchen door, Anna passed one of the three men who had positioned himself about 32 paces from the gate. Although she took no particular notice of him, she observed, as she later testified, that he was tall and light-skinned. From her vantage point, the other two men were no longer visible to Agnes. She thus assumed that they had entered the house. She did, however, have ample opportunity to observe the person H who had remained outside. He was, according to her, dressed in a pair of red trousers and a skipper.

[4] As Anna approached the kitchen door, she noticed a second person whom she described as a short, dark man. According to her, he had concealed himself so that he was not visible to Van Zyl. Van Zyl was then I standing in the alcove of the kitchen door. The short, dark man advanced stealthily on Van Zyl who was then engaged in a conversation with the third of the group. What followed happened very quickly. The short, dark man produced a firearm and shot Van Zyl. Overcome by fear, Anna ran back to the gate where, without any explanation, she discarded the J

Ponnan JA

A empty container and money and fled in the direction of her home. After retrieving the container and money, Agnes, believing that Anna had been unable to acquire the paraffin at the Van Zyls, made her way to Hlope's place with the intention of purchasing the paraffin there. On her way, she was passed by the three men. She saw them approach a white sedan B which was parked under some trees. As they approached the vehicle, she heard them say, 'Start! Start!'

[5] It must have been at about that stage when Susanna Nel received a telephone call from her brother, Van Zyl. It was then 5.30 pm. She was able to fix the time with such precision by reference to a TV programme C that had just commenced, which she viewed on a daily basis.

[6] Ben Mokwoena, who lived in between the homes of Isaac Hlope and the Van Zyls, at Plot 20, was with one Nathaniel when he observed a stationary white vehicle. Three men, one of whom was wearing a pair of red trousers, came running from Plot 26. As they ran past him and approached the vehicle, they shouted 'Start! Start!' The driver was D unable to start the vehicle which had to be pushed before the engine ignited. The three men boarded the vehicle, which then drove off.

[7] Inspector Steyn was at his home, which is fairly close to Linkholm, when he received a report over his radio. In consequence of that report, he drove to Linkholm. On his way, he observed a white Toyota Corolla E parked alongside the road. Three men were standing behind the vehicle. He took little notice of them and continued on his journey. About 100 m from Plot 26, he received a report which caused him to turn his vehicle around. When he returned to the white Toyota Corolla some ten minutes later, the vehicle was abandoned and its occupants had F disappeared. He secured the vehicle which later had to be towed to the police station because its starter mechanism was damaged.

[8] Sergeant Du Toit, a fingerprint expert who examined the white Toyota Corolla at the police station, found certain prints on the bonnet of the vehicle, as also on a beer bottle under the front passenger seat and G the rear view mirror of the vehicle. All of those prints, according to him, were no...