Ntuthuzelo Nokhokhoba and Another v The State

The applicants, Ntuthuzelo Nokhokhoba and Sandile Ntshetshe, were convicted in the Bizana Circuit Court on 26 February 2025 of housebreaking with intent to commit rape and robbery with aggravating circumstances, robbery with aggravating circumstances, rape, and murder. Following their conviction, they applied to the High Court for leave to appeal. Their application was based largely on alleged misdirections by the trial court, particularly concerning the reliance on the evidence of a section 204 witness, alleged inconsistencies and improbabilities in that witness’s testimony, lack of forensic evidence such as DNA and fingerprints, alleged errors regarding identification evidence (including a hat allegedly linked to the second applicant), and the rejection of the applicants’ versions.

The application for leave to appeal was refused.

The case reaffirms the strict threshold for granting leave to appeal under section 17 of the Superior Courts Act and underscores that mere dissatisfaction with factual findings or reliance on speculative alternative conclusions is insufficient. It also confirms that the absence of forensic evidence does not necessarily weaken the State’s case where direct evidence is available.