Zola Kenneth Gunqisa and Others v The State

The appellants were convicted in the High Court, Johannesburg, of kidnapping and murder arising from the disappearance and death of Freddie Maebela. On 21 March 1999 Maebela was arrested at a house in Vosloorus by the second and fourth appellants, who were police officers, after he was found driving a vehicle previously reported stolen. He was placed in the boot of a vehicle and removed, allegedly to be taken to a police station. Ten days later a decomposed body, identified by relatives as Maebela, was found with a gunshot wound to the head. The appellants denied killing him and contended that Maebela escaped from the boot of the vehicle due to a faulty latch while en route. The State alleged that the appellants kidnapped and murdered him. The trial court rejected the defence version and convicted the appellants.

The appeal was upheld. All convictions and sentences for kidnapping and murder were set aside.

The case reaffirms a fundamental principle of South African criminal law that an accused is entitled to an acquittal if the defence version is reasonably possibly true. It cautions courts against rejecting defence evidence solely on the basis of improbability and underscores the high standard of proof resting on the State.