Nomazoza v The State

The appellant, Harold Nomazoza, was tried in the regional court with four co-accused on a charge of theft of a motor vehicle. The State alleged that shortly after the vehicle was stolen in the Johannesburg CBD, Nomazoza was found seated in the driver’s seat at the Farraday taxi rank where the vehicle was being stripped. State witnesses gave conflicting and contradictory evidence regarding the positions of the accused at the scene. Nomazoza’s defence was that he was an innocent bystander who had gone to the CBD on legitimate business and was arrested near a shack at the taxi rank after being pointed out by others. His version was not materially challenged in cross-examination and was partially corroborated by a co-accused. Despite this, he was convicted and sentenced to four years’ imprisonment. His appeal to the High Court was dismissed, after which he appealed to the Supreme Court of Appeal.

The appeal succeeded. The conviction and sentence of Harold Nomazoza were set aside.

The case reaffirms fundamental principles of South African criminal law relating to the burden of proof, the evaluation of contradictory witness testimony, and the treatment of an accused’s version. It illustrates the Supreme Court of Appeal’s role in correcting misdirections where trial courts overstate the strength of the State’s case.