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IN THE HIGH COURT OF SOUTH AFRICA

BHISHO

CASE NO. CC76/2006

In the matter between:

THE STATE

and

AMOS MZWANDILE SCOTT 1ST ACCUSED

BONGANI NYATHELA 2ND ACCUSED

JUDGMENT

DHLODHLO ADJP:

[1] The two accused are facing the following charges:

1.1 COUNT 1:

Attempted Murder – in that on or about the 13th day of

January 2006 at or near unit 12 in Mdantsane they

unlawfully and intentionally attempted to kill Siyabonga

Tshona, a male adult person, by firing at him with a

firearm.

1.2 COUNT 2

Attempted murder – in that on or about the same date

and at about the same place as in count one, they did

unlawfully and intentionally attempt to kill Lelethu Senti,

a male adult person by firing shots at him with a

firearm.

1.3 COUNT 3:

Robbery with aggravating circumstances as defined in

section 1(1)(b) of the Criminal Procedure Act 51 of

1977, in that on or about the same date and at or near

the same place as in counts one and two, they

unlawfully and intentionally assaulted Siyabonga

Tshona, referred to in count one, by firing shots at him

with a firearm and took by force and violence out of

his possession a black sportsbag which contained

compact discs and tape cassettes which were his

property or in his lawful possession, aggravating

circumstances being present, in that they wielded a

firearm in the commission of the said robbery.

2

This charge is accompanied by a warning to the effect

that if they are convicted, the provisions of section

51(2) of the Criminal Law Amendment Act 105 of 1997

which relates to a minimum sentence of 15 years’

imprisonment, will be applicable, as aggravating

circumstances were present in the commission of the

said robbery.

1.4 COUNT 4:

Murder – in that on or about the same date and at the

same place as referred to in counts one, two and

three, they unlawfully and intentionally killed

Phathisizwe Mvubu, a male adult person, by shooting

him with a firearm.

The charge is accompanied by a warning to the effect

that if they are convicted the provisions of section

51(1) of the Criminal Law Amendment Act 105 of

1977, relating to minimum sentences, will be

applicable, as the death of the victim was caused by

the accused while committing or attempting to commit

or after having committed or attempted to commit

robbery with aggravating circumstances as defined in

3

section 1 of the Criminal Procedure Act, and the

offence was committed by a person, group of persons

or a syndicate acting in the execution or furtherance of

a common purpose or conspiracy.

1.5 COUNT 5:


section 1(1)(b) of the Criminal Procedure Act, in that

on or about the same date and at or near the same

place as in counts one, two, three and four, they

unlawfully and intentionally assaulted Phathisizwe

Mvubu by firing shots at him with a firearm and took

by force and violence out of his possession a wallet

containing approximately four hundred rand (R400,00)

in cash and a Nokia 6610 cell phone, his property or in

his lawful possession, aggravating circumstances being

present, in that they wielded a firearm in the

commission of the said robbery.


that if they are convicted, the provisions of section

51(2) of the Criminal Law Amendment Act 105 of

1977, relating to a minimum sentence of fifteen (15)

years’ imprisonment will be applicable, as aggravating

4


said robbery.

1.6 COUNT 6:


section 1(1)(b) of the Criminal Procedure Act, in that

on or about the same date and at or near the same

place as in the first five counts they unlawfully and

intentionally assaulted Mphuthumi Gxaweni by

threatening him with a firearm and knives and take by

force and violence from his possession a wallet

containing approximately sixty rand (R60,00) in cash,

his property or in his lawful possession, aggravating

circumstances being present, in that the accused

wielded a firearm and knives in the commission of the

said robbery.


that, if they are convicted, the provisions of section

51(2) of the Criminal Law Amendment Act 105 of 1997

relating to a minimum sentence of 15 years’

imprisonment, will be applicable, as aggravating


robbery.

5

1.7 COUNT 7:


section 1(1)(b) of the Criminal Procedure Act, in that on

or about the same date and at or near the same place

as in the first six counts, they unlawfully and

intentionally assaulted Xolelwa Teyise by threatening

her with a firearm and knives and took by force and

violence out of her possession a Motorola C650 cell

phone and a pair of shoes which are her property or in

her lawful possession, aggravating circumstances being

present in that the accused wielded a firearm and

knives in the commission of the said robbery.


that, if they are convicted, the provisions of section

51(2) of the Criminal Law Amendment Act 105 of 1997,

relating to a minimum sentence of imprisonment for 15

years will be applicable, as aggravating circumstances

were present in the commission of the robbery.

6

1.8 COUNT 8: (against accused No. 1 Amos

Mzwandile Scott, only)

Contravening section 3 read with sections 1, 103, 117,

120(1)(a) and 121, read with schedule 4 of the

Firearms Control Act 60 of 2000, further read with

section 250 of the Criminal Procedure Act – unlawful

possession of a firearm, in that on or about the 17th day

of January 2006 at or near house number 2743 at unit

12 in Mdantsane he was in unlawful and intentional

possession of a firearm, namely a Norinco 9mm pistol

serial number 47033916 without holding a licence to

possess such arm.

1.9 COUNT 9: (against accused No. 1 Amos

Mzwandile Scott only)

Contravening section 4(1)(e) read with sections 1, 103,

117, 120(1) and 121 read with schedule 4 of the

Firearms Control act No. 60 of 2000, further read with

section 250 of the Criminal Procedure Act – unlawful

possession of ammunition, in that on or about the date

referred to in count eight of this charge, he was in

unlawful and intentional possession of three rounds of

ammunition without being the holder of a licence in

7

respect of a firearm capable of discharging that

ammunition.

1.10 COUNT 10 (against accused No. 2 Bongani

Nyathela only)


120(1)(a) and 121 read with schedule 4 of the Firearms

Control Act 60 of 2000, further read with section 250 of

the Criminal Procedure Act – unlawful possession of a

firearm, in that on or about the 9th day of April 2006 at

or near house number 2099 at unit nine in Mdantsane,

he unlawfully and intentionally was in possession of a

firearm, namely a Norinco 9mm pistol – serial number

46011509 without a licence to possess the firearm.

1.11 COUNT 11: (against accused No. 2 Bongani

Nyathela only)


120(1)(a) and 121 read with schedule 4 of the Firearms

Control Act 60 of 2000, further read with section 250 of

the Criminal Procedure Act – unlawful possession of

ammunition, in that on or about the 9th day of April

2006 at or near house number 2099 at unit nine in

Mdantsane he was unlawfully and intentionally in

8

possession of ammunition, namely seven rounds of

9mm ammunition without being a holder of a licence in

respect of a firearm capable of discharging that

ammunition.

1.12 COUNT 12: (against accused No. 2 Bongani

Nyathela only)


section 1(1)(b) of the Criminal Procedure Act, in that on

or about the 16th day of January 2006 at or near unit

twelve in Mdantsane he unlawfully and intentionally

assaulted Mtusile Rosi, by kicking him and threatening

him with a firearm and took by force and violence from

his possession a Norinco 9mm semi-automatic pistol

with serial number 47033916, his property or in his

lawful possession, aggravating circumstances being

present in that he wielded a firearm in the commission

of the said robbery.


that the provisions of section 51(2) of the Criminal Law

Amendment Act, relating to a minimum sentence of

imprisonment for 15 years will be applicable, as

9

aggravating circumstances were present in the

commission of the robbery.

[2] Both accused pleaded not guilty to all charges adding that

they had no knowledge of the commission of the offences.

[3] The deceased on count four is Phathisizwe Mvubu. According

to Dr T G Myendeki who conducted the post-mortem

examination, the cause of his death was gunshot wounds to

the chest and abdomen peritonitis.

[4] Mphuthumi Gxaweni told the Court that on 13 January 2006

at about between 22h30 and 23h00 he, his girlfriend Xolelwa

Teyise and the deceased were from a shebeen proceeding

home. They had not consumed much liquor at the shebeen.

They were walking on a gravel road at the 31st section of unit

12 in Mdantsane.

[5] The deceased was walking ahead of him. He heard the

deceased saying: “shoot! Shoot!” Gxaweni then heard three

shots fired and saw the deceased fall down.

[6] Two men who were wielding knives put him (Gxaweni) down

and ordered him to produce everything from his pockets. He

10

took out his wallet which contained R60,00. A third person

who was holding a firearm pointed it at him and ordered him

to lie down. Gxaweni said that he threw his wallet towards a

nearby house which was lit, in order to identify the third

person who was carrying a firearm.

[7] Gxaweni said that he knew two of the three assailants. He

said that one of them ran to collect the wallet. He knew by

sight the one who carried a firearm. He said that he knew

also another one who was at that time employed at Total

Sport. That one is Bongani also known as Ribo. Gxaweni said

that he used to see Bongani / Ribo at Total Sport and also at

unit 12. He said that his wrist watch worth R40,00 was taken

from him by the assailants.

[8] Gxaweni said that after the deceased had been shot, his

cellular phone which is a Nokia 6610i was taken by the

assailants. He thought that the deceased had in his

possession an amount of R200,00. He said that from his

girlfriend Xolelwa Teyise the assailants took a Motorola 50

cellular phone and a pair of shoes she had been wearing.

[9] Gxaweni said that he could see clearly what the assailants

were wearing. The one who was carrying a gun wore takkies,

11

a pair of jeans and a jersey. He said that he later chased the

assailants who ran into bushes.

[10] On 23 February 2006 Gxaweni attended an identification

parade where he identified the first accused. On 23 May 2006

at another identification parade he identified the second

accused. When he saw the two accused at the identification

parades he had last seen them on 13 January 2006 when he

and others were attacked. He said that on the night in

question the first accused was carrying a 9mm firearm.

[11] According to the identification parade form in respect of the

parade on 23 February 2006 (exhibit ‘F’) Xolelwa Teyise

pointed out the first accused among seven others on parade.

Mphuthumi Gxaweni also pointed out the first accused.

[12] Under cross-examination, Gxaweni said that the deceased

was shot because he did not want to release his items to the

assailants. He said that the police asked him about the

assailant who was carrying a firearm. At the parade he and

the second accused greeted each other. Gxaweni agreed that

when he entered the parade room he went straight to the first

accused. Responding to the question by Counsel for the

second accused, namely: “Accused No. 2 says that you

12

boarded the same train to work”, Gxaweni responded in t he

affirmative.

[13] Under re-examination, Gxaweni said that at no stage did he

tell the police who their assailants were. He could not identify

the assailant who attacked his girlfriend Xolelwa Teyise. He

(Gxaweni) said that the second accused carried an object

which he could not identify. He said that he did not recover

the items which were taken by the assailants.

[14] Xolelwa Teyise corroborated Gxaweni in material respects

with regard to the events of the night of the 13th January

2006. She said that the assailants took her pair of shoes

worth R300,00 and the cellular phone worth R500,00. Teyise

said that she had earlier handled Gxaweni’s wallet before he

went to the shebeen and that it contained R350,00.

[15] Teyise said that the incident occurred at about 22h30 and that

there was lighting on the road. The person who was carrying

a firearm was wearing a red hat and a diced jersey and she

saw his face. On 23 February 2006 she attended an

identification parade where he identified the man who robbed

them on the night in question. She said that, that person

shot the deceased and that he is the first accused who was

13

the only one who was carrying a firearm on the night in

question. She said that she did not “get a good look” at

others who robbed them. She did not see the first accused

between the night in question and the time of the

identification parade.

[16] Under cross-examination, Teyise said that the deceased was

moderately drunk on the night in question. She said that she

had adequate time – about five minutes – to look at the first

accused who was about 2 -3 paces from her. To the police

she said that she could identify one of their assailants. She

said that she did not describe that assailant.

[17] Teyise said that when her boyfriend Mphuthumi Gxaweni went

to work on the following morning he told her that: “I know

those boys” and that he mentioned one name, namely

Bongani. She said that at the identification parade she

immediately identified the first accused. She said that where

the incident occurred there was sufficient lighting.

[18] Inspector Bonisile Pike of the South African Police Services

who conducted the two identification parades confirmed that

Gxaweni identified both accused and that Xolelwa Teyise

identified the first accused. Inspector Pike said that he

14

explained the rights of both accused to legal representation

and that if they did not want to be on the parade they could

refuse to take part. He said that, because he was busy, he

did not record everything on the form.

[19] A trial – within – a trial was conducted. Johannes Matthys

Koedyk is a captain in the South African Police Services. He

told the Court that he recognised the first accused who made

a pointing out on 19 January 2006. Captain Koedyk was not

involved in the investigation of the case and had no personal

knowledge of the case. He completed a document titled

“Notes of pointing out of a scene(s) and / or points,” Captain

Mthimkhulu Gordon Ntabeni interpreted from isiXhosa into

English and vice versa during the pointing out. Captain

Koedyk said that the first accused’s rights were duly explained

to him and that he made the pointing out and statements

freely and voluntarily while he was in his sound and sober

senses and without undue influence.

[20] The first accused said that Captain Koedyk did not apprise him

of his constitutional rights. He denied that he pointed out

certain scenes and that he made some statements to Captain

Koedyk.

15

[21] The Court ruled that on 19 January 2006 the first accused

Amos Mzwandile Scott pointed out all spots referred to in the

report of Captain Johannes Matthys Koedyk to the said

Captain Koedyk in the presence of Captain Mthimkhulu

Gordon Ntabeni who interpreted all what Scott said to Captain

Koedyk and vice versa and that he made all statements which

are contained in the report by the said Captain Koedyk freely

and voluntarily while he was in his sound and sober senses

and without undue influence, after he had been apprised of

his constitutional rights. The said pointing out and the said

statements were made by the said Amos Scott. He signed

and initialled the report as indicated in it freely and voluntarily

while in his sound and sober senses and without undue

influence, after he had been apprised of his constitutional

rights by the said Captain Koedyk. The Court further ruled

that the statements are admissible in evidence.

[22] When the first accused pointed out certain scenes to Captain

Koedyk a photographer photographed the scenes. The first

accused pointed out several scenes such as where he

allegedly shot YHE YHE. “. . . using Bongani’s gun”. This was

at unit ten in Mdantsane. Near house 3380 at unit 12 in

Mdantsane the first accused said: “This is where I shot a

man. He was carrying a black carrier bag. Bonga grabbed

16

the bag and we ran away. The man put his hand in the bag.

I thought he was going to take out a gun. This is why I shot

him.” Near house number 3160 at unit 12 the first accused

said: “Three people were stopped here by me and Bongani.

Bongani was still carrying the black bag we had robbed. One

of the two men came towards me and I shot him in the

stomach. I heard by Inspector Kota that the man died. We

took two cell phones from these people. I do not remember

how much money we took.” Later he said that, that was all

he wanted to show Captain Koedyk. Captain Koedyk said that

the first accused gave two names of the person who was in

his company when they attacked people they met. The

names were Bongani and Bonga.

[23] According to the ballistics report marked exhibit ‘I’ there is

sufficient agreement of class characteristics and individual

characteristics that three (3) 9mm parabellum calibre

cartridges were fired in firearm Norinco NP 17 number

46011509. According to the evidence of Mncedisi Sidwell

Tiyeka who is an inspector in the South African Police

Services, he found a firearm with this serial number in the

possession of the second accused Bongani Nyathela on 09

April 2006, being the day when the said Nyathela was

17

arrested. He said that inside the firearm there were four

rounds of ammunition.

[24] Inspector Gladstone Mbulelo Kota of the South African Police

Services is the investigating officer in this case. He arrested

the first accused behind the house of the second accused at

about 22h00 on 17 January 2006. Kota said that the first

accused was in possession of a Norinco firearm when he was

arrested. Kota did not remember its serial number.

[25] Leletu Senti who is 18 years of age said that he knows both

accused. He used to see the first accused at Bafo shebeen at

unit 10 in Mdantsane when he (Senti) used to work there.

[26] He said that before January 2006 he knew the second accused

when he was living at unit 10 in Mdantsane. She knew his

name as Bongani. Senti told the court that on 13 January

2006 at about 21hoo she was in the company of Siyabonga

Ntshona walking from unit 10 in Mdantsane proceeding to unit

11B to sell CD’s. They walked towards a rivulet which ran

across houses. Three young men appeared. He said that the

first accused was one of the young men. He did not recognise

the other two because it was dark. He was walking behind

Siyabonga.

18

[27] Senti said that the first accused cocked a gun and ordered

them to stop. Siyabonga held his waist and placed his hand

in his bag and the first accused fired a shot from the firearm.

The bullet struck Siyabonga, went through his body and

struck him (Senti). He said that she ran away to a house in

unit eleven where he reported that he had been shot. In

Siyabonga’s bag there were 22 CD’s and also 14 – 15

cassettes.

[28] Senti was taken to hospital where he was told that a bullet

would not be removed from where it was lodged because it

would disturb veins. According to Dr G L Mtyobile’s report a

bullet was lodged on his medial thigh. Senti said that the

bullet was still on his left leg. He said that the first accused

was wearing a hood with red and white blocks and that his

face was not covered. The hood was up to his ears. The first

accused had a white hat on. He recognised the first accused

by the hood which he used to wear at Bafo tavern.

[29] According to Senti there were no lights there. He indicated

that the first accused was about eight paces away from him.

He said that the CD’s and the cassettes belonged to

Siyabonga John. He recognised unit 10 in Mdantsane from

photo number six of the photo album.

19

[30] Senti said that when the first accused fired the shot he (Senti)

was standing behind Siyabonga Ntshona. His left leg was

slightly to the side of Siyabonga.

[31] Siyabonga Ntshona is 24 years old. He told the Court that

during the evening of 13 January 2006 he was in the company

of Leletu Senti on their way to unit eleven in Mdatsane, taking

CD’s to a person who wanted them. He said that there were

also cassettes. There were 20 CD’s and 40 cassettes. They

walked through unit twelve. As they were about to enter a

rivulet they met three young men. After the three young men

had walked past them, the young men ordered them to stop.

Ntshona said that after he had finished inserting CD’s in a bag

which he was holding a shot was fired by one of the young

men. As it was dark, he was unable to identify the person

who was carrying a firearm.

[32] Ntshona said that the first accused stood over him after the

shot had been fired. He said that the young men demanded a

phone, money and a firearm. He said that he had an amount

of R100,00 on him. They searched him as he was lying down.

He said that they took CD’s and cassettes and went away with

20

them. At a police station he identified some cassettes as his.

He has not recovered his CD’s.

[33] After he was shot the police took him to hospital where he

was admitted for about three months. An operation was

performed on him. He said that his CD’s were worth about

R700,00 and that, of the 40 cassettes he recovered only 15.

[34] Ntshona said that a bullet entered his stomach and exited

through his buttocks.

[35] Vukile Simandla is a sergeant in the South African Police

Service. On 14 January 2006 at about 07h30 he found three

spent cartridges on a gravel road at unit twelve in Mdantsane

at the 31st section. The cartridges were taken to the police

station where they were entered in the SAP 13 register –

entry number 865/2006.

[36] Mutusile Rosi’s testimony relates to count 12 wherein it is

alleged that he was robbed of his 9mm Norinco pistol serial

number 47033916 by the second accused Bongani Nyathela.

[37] Rosi said that he has known the second accused for about five

years and that he (the second accused) lives in the area

21

where he lives. They went to the same gym. He said that the

second accused’s nickname is Ribo.

[38] Rosi said that on Monday 16 January 2006 at about 21h35 he

was from unit 13 in Mdantsane proceeding to unit 12. On his

way home he met five men walking towards him. One of the

men pointed a firearm at him and ordered him to lie down.

The men held him and threw him to the ground, after which

they searched him and removed his firearm from a holster.

After they had taken the firearm they kicked him while he was

lying on the ground. When he got up the men had

disappeared.

[39] He was licensed to possess the firearm. Street lights were on.

The men were close to him. He identified the second accused

as early as when they were approaching him. Rosi said that

the second accused held a firearm in his left hand. Another

man was also in possession of a firearm. He did not identify

the man who pointed a firearm at him. Rosi said that he was

not the second accused’s friend but that they would greet

each other. He said that he did not say anything to the

second accused because he (Rosi) was shocked. He said that

he later identified his firearm at the police station by its serial

number.

22

[40] Rosi said that he knew that the second accused worked at

Total Sport. They would talk about body supplements

because his (the second accused’s) body was in good shape.

He told the police that the second accused was one of the

men who robbed him of his firearm. On 13 January 2006 his

firearm was in a safe at his home. He was sober on the night

of 16 January 2006. He did not see what the second accused

was doing when he (Rosi) was being thrown to the ground.

[41] Inspector Mbulelo Kota who is the investigator in this case

told the Court that two firearms were seized during

investigations in this case. They are: a 9mm Norinco pistol

serial number 47033916 which was found in the possession of

the first accused and number 46011509 which was found by

another police officer in the possession of the second accused.

[42] Both firearms and three empty cartridges were sent to

ballistics experts. Inspector Kota said that he personally took

the cartridges for forensic testing. He later received a report.

Inspector Kota said that the second accused was found in

possession of firearm – serial number 46011509 by Tiyeka

and that he saw it after Tiyeka had seized it. Kota said that

23

the firearm was in a holster and that the holster is in their

offices. He denied that the firearm was found in a shack.

[43] The 23 – year – old first accused said that he and the second

accused are not friends. He denied all charges. He said that

on 13 January 2006 he was at his home. He was reminded by

the Court several times to speak up as he would be inaudible.

[44] Simphiwe Masumpa who was accused No.’s witness said that

he went to sleep at about 20h00 on 13 January 2006 and that

he would not say whether of not the first accused left the

shack on that evening. The first accused had earlier said that

Masumpa would confirm that he (the first accused) was

present there on that night.

[45] The second accused denied all the allegations against him.

He said that on 13 January 2006 he was in Cape Town.

Before he was arrested he lived at number 2743 unit 12 in

Mdantsane. He said that he knew Tiyeka very well but he

denied that Tiyeka found a firearm in his possession. He said

that a firearm was found in a shack at unit nine in Mdantsane

where the police had taken him to after his arrest. He said

that some people who lived in Cape Town saw him in Cape

24

Town. He, however, did not call a witness to confirm that he

was in Cape Town on13 January 2006.

[46] Mr Walters for the State indicated to the Court before he led

evidence of Captain Koedyk that he would apply in accordance

with the decision in S v Ndlovu and others 2002(2) SACR

325 (SCA) that the statements of the first Accused which

implicate the second accused should be admissible in evidence

and implicate the second accused. No objection was raised by

Counsel for the second accused. The Court rules that such

statements be admissible in evidence against the second

accused.

[47] During the pointing out the first accused mentioned the name

of Bongani. He sometimes mentioned Bonga. He said that he

used Bongani’s firearm when he shot those he shot.

According to the ballistics report three 9mm parabellum

calibre cartridges were fired in firearm Norinco NP 17 number

46011509 which was found in the possession of the second

accused. There is therefore no doubt that by Bongani or

Bonga the first accused was referring to the second accused.

Moreover, Gxaweni identified both the first and the second

accused as persons who attacked them. Gxaweni said that

the first accused was carrying a firearm. The firearm of which

25

Mutusile Rosi was robbed by five men namely a Norinco 9mm

pistol – serial number 47033916 was found in the first

accused’s possession. Rosi identified the second accused as

one of the five men who attacked him. The Court accepts

that Rosi knew the second accused who was carrying a

firearm very well and that he identified him on the night in

question.

[48] The two accused were not satisfactory witnesses. Simphiwe

Masumpa did not corroborate the first accused concerning his

whereabouts during the night of 13 January 2006. The

second accused said that he was in Cape Town on the 13th

January 2006 and returned to Mdantsane in April 2006. But

Rosi saw him among the five men on 16 January 2006. The

first accused said that he was in his (accused number two’s)

company on 13 January 2006.

[49] Scenes pointed out by the first accused to Captain Koedyk are

those where State witnesses said the attacks took place.

[50] In my view the State has proved beyond reasonable doubt

that on the nights in question the two accused and other

persons who were not identified were on a robbing spree. At

least one of them was armed with a firearm and his

26

companions knew this. The two accused and others acted

with a common purpose and must have foreseen the

possibility that shots would be fired at victims who offered

resistance. They also must have foreseen that those who

would be shot could die as a result. Concerning count two,

the first accused must have foreseen the possibility that the

bullet he fired at Siyabonga Tshona would strike Lelethu Senti

who was behind Tshona.

[51] Both accused are found guilty as charged on counts:

one (attempted murder)

two (attempted murder)

three (robbery with aggravating circumstances)

four (murder)

five (robbery with aggravating circumstances)

six (robbery with aggravating circumstances)

seven (robbery with aggravating circumstances)

Accused No.1 – Amos Mzwandile Scott is found guilty as

charged on count eight (8) – (unlawful possession of a

firearm).

He is also found guilty as charged on count nine (9) –

(unlawful possession of ammunition).

Accused No. 2 – Bongani Nyathela is fund guilty as charged

on count ten (10) – (unlawful possession of a firearm)

27

He is found guilty on count eleven (11) – (unlawful possession

of ammunition) and also on

Count twelve (12) – (robbery with aggravating circumstances)

_____________________________

A E B DHLODHLO

JUDGE OF THE HIGH COURT

ACTING DEPUTY JUDGE PRESIDENT

27 JUNE 2007

HEARD ON: 22, 23, 24, 25, 26, 29, 30, 31 January 2007

12, 19, 22 March 2007

16, 20 April 2007

11, 12, 13 June 2007

FOR THE STATE: Mr G Walters

FOR THE FIRST ACCUSED: Mr H Lalla

FOR THE SECOND ACCUSED: Mr N Mpokela

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