Director of Public Prosecutions: Limpopo v Molope and Another

The respondents, Lasabatha Lucas Molope and Jack Letsoalo, together with others, were charged in the Limpopo Division of the High Court with two counts of kidnapping and two counts of murder arising from incidents on 11 October 2017. Members of the community suspected two men, Thato Present Maake and Mmakelesti William Maake, of theft. The respondents participated in apprehending, forcibly moving, and repeatedly assaulting the deceased, initially at various locations and later to a mountain where further assaults occurred with community involvement. Thato died at the scene and Willy later died in hospital from his injuries. At the close of the State’s case, the trial court discharged the respondents on the kidnapping and murder counts in terms of s 174 of the Criminal Procedure Act 51 of 1977, citing material contradictions in the State’s evidence, but later convicted them of assault with intent to do grievous bodily harm. The State sought to reserve a question of law under s 319 of the CPA and appealed to the Supreme Court of Appeal.

The appeal was dismissed and the order of the High Court discharging the respondents on the kidnapping and murder charges remained intact.

The case reaffirms the strict and narrow scope of the State’s right to appeal in criminal matters under s 319 of the Criminal Procedure Act. It underscores that appellate courts will not entertain appeals disguised as questions of law where the real dispute concerns factual evaluation or the trial court’s discretion. The judgment reinforces procedural discipline in reserving questions of law and protects the finality of acquittals in criminal trials.