S v Munyai

• Jurisdiction: South Africa
• Judge: Klopper ACJ and Van Der Spuy AJ
• Judgment Date: 24 March 1986
• Citation: 1986 (4) SA 712 (V)
• Hearing Date: 24 March 1986
• Court: Venda Supreme Court

Van der Spuy AJ:

This matter came before me on review. The accused was charged with the offence of theft and was convicted H upon the charge and sentenced to undergo eight months' imprisonment of which three months' imprisonment was suspended for a period of three years on condition that the accused did not commit an offence involving dishonesty during the period of suspension.

The charge sheet alleges that on 26 November 1985 at or near I Mangaya Location, the accused did wrongfully and unlawfully and intentionally steal an amount of R522, being the property or in the lawful possession of Muofhe David Nevhulaudzi. When brought before the court on the first occasion when he was able to plead to the charge, ie on 10 January 1986, the accused informed the court in terms of s 112 (1) (b) of Act 51 of 1977 (which I take it was a reference to s 115 of the Act) of the J basis of his defence which he formulated as follows:

Van der Spuy AJ

"I never stole the amount in question. In fact I was robbed and A that I reported the matter to the police. The other thing is that the articles I had could not amount to R522."

The first State witness was Nevhulaudzi, the complainant, who stated that the accused was in his employ. On the date in question, ie 26 November 1985, the accused was conveying certain sorghum beer in the Mutale District. According to the B witness the stock in question was worth R522. The accused had departed at 07h30 in the morning and he waited for the accused up to 22h00. He then left for Mianswa Location and arrived there at 23h30. Accused told him that he had been robbed of the money and he had been chopped with a tomahawk.

He further explained, that is the accused, that he had C confiscated bush knives from people who robbed him, and he said that the accused stated that he was robbed at Mangaya Location.

He further testified that the accused showed him a scratch on his left leg. He then goes on to state that he did not believe the accused's version, and he did not give any person the right D to take the amount of R522.

According to the second witness, Selinah, she resides at Thengwe Location. She claims that she accompanied the accused to Bashasha Location and then to Tshilavulu Location, and from there to Luheni Location and then to Mangaya Location.

She states that the accused was selling sorghum beer at all these material points. She testifies that, as they were E travelling, accused stopped the motor vehicle and started crying and, when asked why he was crying, he said that he had been robbed. He pointed out to two boys at a certain spot. They were very young boys of the age of eight to nine years. The accused claimed that he had been robbed of the money that he F had carried but never told the witness as to who robbed him.

The accused had stated that he wanted to contact the father of the two boys. He took the knives, apparently bush knives, from them.

On the evidence of this witness, the State case was hardly advanced at all, since she was unable to identify the money that had been carried, or in any way to show that the accused G had stolen the money.

The third witness was Reckson Nemutanzhela, but he merely testified that accused had showed him a bag containing money alleging that that was...