Tshiki v The State

The appellant, Mpho Robinson Tshiki, and a co-accused, Thomas Maluleke, were charged with murder, robbery with aggravating circumstances, and unlawful possession of a firearm and ammunition arising from the fatal shooting and robbery of the deceased on 31 August 2006 in Garankuwa. The deceased was shot in the head and robbed of cash and a grey Motorola cellphone. There were no eyewitnesses. Months later, police traced the stolen cellphone through cell phone records to Maluleke. Maluleke implicated the appellant as the shooter in an oral statement to a police officer, Captain Tlhapi. At trial, Maluleke testified and sought to portray himself as an innocent bystander, while the appellant denied involvement and raised an alibi. The appellant was convicted on all counts and sentenced to life imprisonment and other terms under the Criminal Law Amendment Act 105 of 1997. His appeal to the full court failed, and he then appealed to the Supreme Court of Appeal.

The appeal was dismissed.

The case is significant for reaffirming South African principles governing the evaluation of accomplice and single-witness evidence, the strict application of the cautionary rule, and the requirement that guilt be proved beyond reasonable doubt. It underscores the dangers of convicting an accused solely on the uncorroborated and inconsistent evidence of an accomplice, and reiterates that admissions by one accused are not evidence against another.