Zola Cedric Machi v The State

The deceased, Mr Walter Mandla Thusi, was fatally shot in his office at the Engen Diesel Depot in Langlaagte, Johannesburg on 19 January 2007. The appellant, Zola Cedric Machi, a co-worker and subordinate of the deceased, had a strained relationship with him following a prior work suspension. Two state witnesses, Messrs Ntunja and Makholisa, employees at a nearby Engen garage, testified that on the evening of the murder the appellant arrived at the garage in a Mercedes Benz with an unknown man dressed like an Engen employee. The unknown man proceeded towards the depot, while the appellant remained behind, interacted with the witnesses, and then drove off, returning shortly thereafter. After gunshots were heard, the same unknown man was seen running from the direction of the depot and entering the appellant’s vehicle, which then drove away. The appellant denied being present and raised an alibi, claiming he was at home ill, supported by a sick note and his girlfriend’s testimony.

The appeal against both the conviction for murder and the sentence of 20 years’ imprisonment was dismissed.

The case reaffirms South African principles on the evaluation of circumstantial evidence, contradictions in witness testimony, and the approach to alibi defences. It provides a clear application of the doctrine of common purpose based on active association, particularly in circumstances where the accused did not personally commit the fatal act but facilitated it.