IN THE HIGH COURT OF SOUTH AFRICA (EASTERN …

1 IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE HIGH COURT , MTHATHA) CASE the matter between:THE STATE versus SIMTHEMBILE ZIBI Accused MVOKO Accused SITHOLE Accused SAME Accused SISILANA Accused JUDGMENTWHITE this judgment sets out correctly the findings of the COURT , it may.

2 Due to the limited time the COURT has had to prepare it, reflect certain aesthetic and grammatical it will take a considerable time to deliver the judgment, the COURT will, so as to avoid unnecessary suspense for the accused, at the outset state which accused have been convicted on which counts, and thereafter give the reasons for its findings. Another reason for doing so is that if anything happens to me after today, I would have passed judgment and another judge can then sentence you. All the accused were acquitted at the close of the State case on counts 1 and 6.

3 The accused are convicted, on the following counts:Accused 1 (Simthembile Zibi)Count 2 : Armed Robbery with aggravating 3 : Armed Robbery with aggravating 4 : Armed Robbery with aggravating 5 : Armed Robbery with aggravating 9-11 : Three counts of attempted 12 : Armed Robbery with aggravating 13 : Armed Robbery with aggravating 14 : Conspiracy to commit armed 15 : 16 and18: Two counts of armed robbery with aggravating 17 : Attempted robbery with aggravating circumstances.

4 Count 20 : Possession of unlicenced 21 : Unlawful possession of 2 (Sakhumzi Mvoko)Counts 2 and 3 : Two counts of Armed Robbery with aggravating 4 and 5 : Two counts of Armed Robbery with aggravating 9 to 11 : Three counts of Attempted MurderCounts 12 and 13 : Two counts of Armed Robbery with aggravating 14 : Conspiracy to commit robbery Count 15 : TheftCounts 16 and 18 : Two counts of Armed Robbery with aggravating 17 : Attempted robbery with aggravating 20 and 21 : Unlawful possession of firearms and 3 (Odwa Sithole)Counts 2 and 3 : Two counts of Armed Robbery with aggravating 4 and 5 : Two counts of Armed Robbery with aggravating 9 to 11 : Three counts of Attempted 12 and 13 : Two counts of Armed Robbery with aggravating 14.

5 Conspiracy to commit 15 : 16 and 18 : Three counts of Armed Robbery with aggravating 17 : Attempted Robbery with aggravating 20 and 21 : Unlawful possession of firearms and 4 (Bongani Same)Count 2 : Armed Robbery with aggravating 3 : Armed Robbery. doCounts 20 and 21: Possession of firearms and 5 (Mthuthuzeli Sisilana)Counts 9 to 11 : Three counts of Attempted 12 and 13 : Two counts of Armed Robbery with aggravating 14 : Conspiracy to commit 16 and 18 : Two counts of Armed Robbery with aggravating 17 : Attempted Robbery with aggravating 20 : Possession of unlicenced 21.

6 Unlawful possession of this case nine accused were originally were- Simthembile Zibi Sibusiso Jejane Sakhumzi Mvoko Odwa Sithole Bongani Same Mthuthuzeli Sisilane Siyabonga Bhekisisa Dike Mazwi shabalala Fuzile GcinaWhen the trial commenced the COURT was informed that for various reasons four of the abovementioned persons were no longer being charged.

7 Sibusiso Jejane and Siyabonga Bhekisisa Dike had died, and the case against Mazwi shabalala and Fuzile Gcina had been the following five persons were arraigned when the trial commenced on 26 July 2011. The nick-name of each accused and the name of his legal representative, are mentioned in Zibi (Boyce) Accused (Advocate Gabavana)Sakhumzi Mvoko (Saki) Accused ( do )Odwa Sithole (Oros) Accused (Attorney Mankanku)Bongani Same(Madubula) Accused ( do )Mthuthuzeli Sisilana Accused (Attorney Bahle)Advocate Poswa appeared for the State.

8 At the outset of this judgment the COURT wishes to compliment Messrs Poswa, Gabavana, Mankanku and Bahle on the manner and thoroughness with which they carried out their duties in the case. It is indeed surprising that Advocate Poswa was expected to conduct on his own, without any assistance, a long and involved case, which has run for 86 COURT days, during which 84 witnesses were called. He carried out his task too can Messrs Gabavana, Mankanku and Bahle be congratulated on the way they fought in the interests of the accused.

9 They left no stone unturned in their efforts to have the accused acquitted, and the COURT is satisfied that no one else could have done more for the accused than they did. They could, however, not overcome the overwhelming amount of evidence that connects the accused to the various the commencement of the trial Advocate Poswa addressed the COURT in terms of Section 150 of the Criminal Procedure Act, 51 of 1977, in which he referred to the summary of substantial facts which he had previously furnished to the COURT and to the accused s legal summary of the charges on which the accused were arraigned is set out hereunder.

10 The date, place, offence committed, and allegedly by which accused, is given in respect of each count. In the counts of robbery the averred aggravating circumstances are that before, during and after the robbery, firearms were 1 Robbery with aggravating circumstances. On 23 April 2007, at Ikwezi Township, Mthatha, all five accused unlawfully assaulted and with force robbed Loyiso Metu of a Hyundai mini truck, registration number DNP 375 2 Robbery with aggravating circumstances.