Machaba and Another v The State

The appellants were convicted in the North Gauteng High Court of murder and robbery with aggravating circumstances arising from an incident on 3 May 2002 in Soshanguve. The deceased and his girlfriend were accosted by three men, one armed with a firearm. During the robbery the deceased was fatally shot and his cellphone stolen. More than two years later the stolen cellphone was traced, leading to the arrest of the appellants. A firearm recovered from the second appellant was ballistically linked to the fatal cartridge. Neither appellant testified at trial. The record on appeal was incomplete, and issues were raised regarding admissibility of evidence, hearsay statements by co-accused, administration of the oath to witnesses, and reliance on bail proceedings evidence.

Appeal against convictions dismissed. Appeal against sentences upheld. Life sentences were set aside and substituted with 20 years’ imprisonment for murder and 10 years’ imprisonment for robbery with aggravating circumstances, with the robbery sentence to run concurrently with the murder sentence, antedated to 15 December 2006.

The case is significant for reaffirming key principles of South African criminal procedure and evidence, including the adequacy (not perfection) required of an appeal record, strict requirements for admissibility of co-accused hearsay statements, proper administration of the oath under section 162 of the CPA, and the use and evidential weight of bail proceedings testimony. It also underscores fair trial requirements regarding the application of prescribed minimum sentences.