Rolston Pillay v The State

The appellant, a member of the Ekurhuleni Metro Police Department, shot and killed a 17-year-old male, Veli Molala, during a pursuit on 19 May 2017 in Benoni after receiving information about a robbery. The appellant alleged that during the chase one of the suspects fired shots at him, causing him to fear for his life and to respond by firing shots in self-defence, one of which fatally wounded the deceased. The State’s case rested primarily on the evidence of a single eyewitness, Mr Mpilo Kubeka, who initially testified that the suspects were unarmed and that the appellant fired first. Subsequent further evidence admitted under s 309B(5)(a) of the Criminal Procedure Act revealed that Mr Kubeka had materially contradicted his earlier testimony, conceded fabricating aspects of his evidence, and admitted that one of the suspects had a firearm. Despite this, the High Court on appeal upheld the conviction and sentence.

The appeal was upheld. The conviction and sentence were set aside and replaced with an order that the appellant is found not guilty and discharged.

The case reaffirms the cautionary approach required when relying on the evidence of a single witness, especially where material contradictions exist. It underscores that the onus remains on the State to disprove self-defence beyond reasonable doubt and clarifies the impact of further evidence admitted on appeal under s 309B of the Criminal Procedure Act. The judgment reinforces fundamental principles governing criminal appeals and evidentiary assessment.