Makgatho v The State

The appellant was convicted of murder arising from an incident at a tavern in Senobarana, Limpopo, on 20 February 2004. After an altercation with several patrons, including slapping and aggressive behaviour, the appellant produced a firearm and discharged shots in the presence of many people. One of the shots fatally wounded the deceased, who was seated nearby. The State’s case was that the appellant fired at least two shots deliberately, while the appellant claimed that the firearm discharged during a struggle. The trial court rejected the appellant’s version and found that he acted with dolus eventualis. He was sentenced to 15 years’ imprisonment under the Criminal Law Amendment Act 105 of 1997. His conviction and sentence were confirmed by the High Court, and he appealed further to the Supreme Court of Appeal.

The appeal against both conviction and sentence was dismissed.

This case is significant for its clear restatement and application of the principles governing dolus eventualis in South African criminal law, particularly in cases involving the discharge of firearms in public spaces. It confirms that murder can be established where an accused subjectively foresees the possibility of death and reconciles himself with that risk, even without a direct intention to kill. The judgment also reinforces appellate deference to trial court factual findings and the strict approach to minimum sentencing under the Criminal Law Amendment Act 105 of 1997.