S v Mufamadi

• Jurisdiction: South Africa
• Judge: Lukoto, J
• Judgment Date: 28 February 2003
• Docket Number: B1125/2002
• Court: Venda High Court
• Hearing Date: 28 February 2003
• Citation: 2003 JDR 0716 (V)

Lukoto J:

This matter came before me by way of an automatic review.

The accused was charged with the offence of contravening section 67(1)(a) of the South African Police Service Act 68 of 1995 (Assault on a police whilst performing his/her official duties).

2003 JDR 0716 p2

Lukoto J

The charge sheet alleges that on or about the 24th day of December 2002 at or near Vuwani complex in the district of Vuwani the said accused did wrongfully and unlawfully and intentionally assault a member of the police service to wit Captain Makhuvha with fist blows while the said member of the police service was performing his lawful duties, thereby contravening the above mentioned section.

The accused elected to conduct his own defence. He pleaded not guilty to the charge. He informed the Court that he did not assault the complainant and the complainant was the one who assaulted him. He was however, convicted as charged and sentenced to two (2) years' imprisonment.

Two police captains testified for the State. Captain Makhuvha told the Court monitoring the places where people where drinking liquor. He saw the accused at about 04H00 at the shopping complex. He found many people dancing and enjoying liquor, but the place that sold liquor was already closed. People were buying liquor through a window whose window pane was broken. He reprimanded the workers not to sell liquor to those people

2003 JDR 0716 p3

Lukoto J

as they had already closed. Accused arrived and tried to insert his bottle to buy beer. He was reprimanded and told to go away.

Accused rose and hit the witness with a fist and also wielded an empty bottle he was holding. Captain Mavhungu arrived and assisted the witness in apprehending the accused. Accused was drunk. The witness denied having assaulted the accused.

Under cross-examination by the accused the witness stated that when he turned the accused back the accused started hitting him. He further stated that he was assaulted at the time when he was telling the workers at the tavern to stop selling liquor and accused intended to buy.

Captain Mavhungu corroborated the evidence of Captain Makhuvha in material respects. Under cross-examination by the accused the witness stated that the accused was aggressive at the time when Captain Makhuvha refused him permission to buy liquor. He denied that the accused was jumping up and down in self-defence as Captain Makhuvha was hitting him. He stated that Captain Makhuvha only held the accused and did...