George Sipho Makhubela v The State; Thabo Elekia Matjeke v The State

The applicants, Makhubela and Matjeke, together with several co-accused, were convicted in the High Court of murder, robbery with aggravating circumstances, and unlawful possession of firearms and ammunition arising from the fatal shooting of a police officer at his home on 3 August 2002. The State relied heavily on extra-curial statements made by some accused and on the doctrine of common purpose. The deceased was shot during an attempted robbery of his bakkie. Matjeke admitted in a later testimony that he was present, that his co-accused were armed, and that shots were fired when they went to the deceased’s house. Makhubela admitted being present with the group and hearing gunshots but denied participation. Their convictions were confirmed by the Full Court, which admitted the extra-curial statements against co-accused.

Condonation and leave to appeal were granted. The appeals were partially upheld. The convictions and sentences on counts 4 and 5 (unlawful possession of firearms and ammunition) were set aside. The convictions and sentences for murder and robbery with aggravating circumstances were confirmed.

The case confirms and applies the Constitutional Court’s restoration of the common-law rule that extra-curial admissions and confessions are inadmissible against co-accused, reinforcing fair-trial rights. It also clarifies that convictions based on common purpose may still stand where there is sufficient independent evidence excluding inadmissible statements, thereby balancing evidentiary fairness with effective prosecution.