Nkabinde v The State

The appellants were convicted in the Free State High Court of murder, multiple counts of attempted murder, robbery with aggravating circumstances, and unlawful possession of firearms, ammunition and explosives arising from a highly organised cash-in-transit heist near Petrusburg in August 2008. Armed robbers attacked a Fidelity Security convoy transporting R2.5 million, disarmed guards, attempted to blow open the armoured vehicle safe with explosives, robbed passing motorists, and fatally shot an innocent motorist, Mr De La Rey. After fleeing the scene, some robbers were pursued by a police helicopter and arrested after a high-speed chase. The appellants were arrested in an Audi containing stolen firearms, explosives, balaclavas, and equipment linked to the robbery. Ballistic evidence connected weapons found in their possession to the crime scene. The appellants denied involvement and alleged police misconduct and judicial bias.

The order granting leave to appeal to a full court was set aside and replaced with an order granting leave to appeal to the Supreme Court of Appeal. The appeal against the convictions and sentences was dismissed in its entirety.

The case is significant for clarifying the narrow purpose and strict requirements of special entries under section 317 of the Criminal Procedure Act. It reinforces the distinction between appealable irregularities on the record and true special entries, and confirms that convictions will not be set aside unless an irregularity results in a failure of justice. The judgment also reaffirms principles of common purpose in large-scale organised crime.