Ngcobo v The State

The appellant was charged with attempted murder arising from a shooting incident on 12 September 2019 near Shoprite, Montclair, KwaZulu-Natal. The complainant, Mr Zulu, alleged that while seated in his vehicle, he was shot at by occupants of a white Golf 7R, identifying the appellant—an old acquaintance—as one of the shooters. The appellant denied involvement and raised an alibi, stating that he was travelling between Umbumbulu and Yellowwood Park on the day in question. The State’s case rested primarily on Mr Zulu’s evidence as a single witness, supported by photographs, medical and ballistic reports admitted by consent. The Regional Court convicted the appellant and sentenced him to five years’ imprisonment. His appeals to the High Court were dismissed, but the Supreme Court of Appeal granted special leave to appeal against conviction.

The appeal was upheld. The orders of the High Court and the Regional Court were set aside and replaced with an order acquitting the appellant. The appellant was found not guilty and discharged.

The case reinforces the strict application of the cautionary rule in respect of single-witness testimony, clarifies the limits of judicial reliance on photographic evidence without proper evidential foundation, and underscores the constitutional importance of an accused’s right to adduce and challenge evidence. It also illustrates appellate scrutiny of trial irregularities affecting fairness.