The appellant, Thulani Ngcamu, and a co-accused were convicted in the regional court of robbery with aggravating circumstances, two counts of attempted murder, and unlawful possession of firearms arising from a cash-in-transit robbery at a BP filling station in Clare Estate on 9 February 2004. During the robbery, armed assailants stole a cashbox from Coin Security employees and fled in a silver-grey Honda Ballade. Shots were fired at one of the employees, Dingaan Mabuza, who pursued the getaway vehicle in an armoured vehicle. Mabuza identified the appellant, whom he knew well as a former colleague and friend, as the driver of the getaway vehicle. The vehicle was later found abandoned with false registration plates covering the original plates linked to the appellant, as well as the appellant’s personal documents. The appellant denied involvement, claiming that he had been hijacked earlier that morning and that his vehicle was used without his knowledge. Both the trial court and the High Court rejected this version. On appeal to the Supreme Court of Appeal, the appellant challenged his convictions, particularly on the basis that there was a reasonable possibility that his hijacking version was true and that the identification evidence was unreliable.
The appeal against the convictions for robbery with aggravating circumstances (count 1) and attempted murder in respect of Dingaan Elphas Mabuza (count 3) was dismissed. The appeal against the conviction for attempted murder in respect of Tobias Dumisani Mhlongo (count 2) was upheld, and that conviction and sentence were set aside.
The case reaffirms the South African approach to identification evidence, particularly where the identifying witness is well acquainted with the accused, and illustrates the application of the test of whether an accused’s version is reasonably possibly true. It also confirms that attempted murder can be established even where the victim is in an armoured vehicle and the attempt is factually incapable of causing harm, provided the requisite intent is present.