A man who was convicted and sentenced to 15 years for a murder committed on December 22, 2018, has been dismissed by the full bench of the Mahikeng High Court in his appeal against the conviction. 

Moses Dlamini had contested his conviction, arguing that his trial was unfair because the magistrate improperly admitted evidence of his alleged confession without first holding a trial-within-a-trial.

According to court papers, Dlamini made a statement to a magistrate on December 24, 2018, admitting to the killing of the victim (whose name has been withheld).

He detailed the incident, stating that an argument began after the victim refused to loan him R50, instead claiming Dlamini owed him money for liquor. The dispute escalated into a physical altercation.

Dlamini claimed the victim pushed him against his shack’s corrugated iron, grabbed a knife, and attempted to stab him.

He stated that he grabbed and twisted the victim’s hand, which resulted in the victim being stabbed with his own knife. The victim died from sharp force trauma to the chest and neck.

During the trial, Dlamini pleaded not guilty, claiming self-defence. In July 2023, he was sentenced to 15 years for the murder and declared unfit to possess a firearm. He also received a two-year sentence for contravening the Immigration Act 13 of 2002, a charge to which he had pleaded guilty.

In his appeal, Dlamini further argued that the court erred in relying on circumstantial evidence for the murder conviction.

However, Acting Judge J Khan noted that Dlamini had confirmed he understood his rights and the potential use of his statement against him. Furthermore, the judge pointed out that Dlamini did not object to the use of the confession statement when the trial proceeded on March 7, 2023, and only briefly disputed the statement at a pre-trial held in March 2021. This objection was not pursued later.

Acting Judge Khan ruled: “It is evident from the judgment that the inference and the proven facts were considered, and the only inference that could be ascertained from proven facts was that Dlamini’s actions resulted in the death of the deceased.”

Concurring with Judge Khan, Judge Sandiswa Mfenyana found that the proven facts, including the post-mortem report, forensic statements, and biology reports, were sufficient for the conviction. 

“The forensic evidence was not challenged by Dlamini, despite having placed himself at the scene of the crime in his plea explanation. Considering the totality of the circumstantial evidence, there can be no other reasonable inference in the circumstances, other than that the appellant is guilty of the murder of the deceased,” Judge Mfenyana concluded.

nomonde.zondi@inl.co.za

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