Malele v The State

The four applicants, all members of the South African Police Service, were involved in the arrest of Mr Silvesta Jossefa Marcia on 26 February 2013 near a taxi rank in Daveyton. During the arrest, Mr Marcia was handcuffed, with the cuffs becoming attached to a steel bench in the back of a police vehicle. As the vehicle drove off, he was dragged behind it for approximately 200 metres. He was later taken to the Daveyton Police Station, where he was conscious upon arrival, placed in a holding cell, and died a few hours later. The State alleged that he died as a result of a combination of injuries sustained while being dragged behind the vehicle and assaults in the holding cells. The applicants denied assaulting the deceased and disputed knowledge or intention regarding the dragging incident. The trial court convicted all the applicants of murder on the basis of common purpose and sentenced them to 15 years’ imprisonment.

The decision of the Supreme Court of Appeal dated 3 May 2016 refusing leave to appeal was set aside, and all applicants were granted leave to appeal their convictions to a full court of the Gauteng Division of the High Court, Pretoria.

The case is significant for its reaffirmation of the strict requirements for liability based on common purpose, particularly in cases involving omissions or alleged failures to intervene. It underscores the need for careful differentiation between the conduct and mental state of co-accused, and clarifies that mere presence or inadequate intervention does not automatically establish common purpose liability for serious crimes such as murder.