Nthabeleni Daniel Rathumbu v The State

The appellant was convicted in the Limpopo High Court of murdering his wife at their homestead in Rhavele village. The conviction rested primarily on a sworn written statement made to the police by the appellant’s sister, Ms Johanna Rathumbu, shortly after the incident, in which she stated that she witnessed the appellant stabbing the deceased. At trial, Ms Rathumbu disavowed this statement and denied witnessing the stabbing, claiming she merely found the deceased already injured. She was declared a hostile witness. The appellant did not testify. Other evidence included police observations at the scene, corroborative physical evidence, and the appellant’s conduct after the incident.

The appeal against conviction was dismissed.

The case reaffirms the approach to the admissibility of hearsay evidence in criminal proceedings under section 3 of the Law of Evidence Amendment Act. It confirms that a prior statement disavowed at trial may nonetheless be admitted and relied upon if the interests of justice so require, particularly where there is corroboration and the statement was credible when made. The judgment strengthens the authority of S v Ndhlovu in South African evidence law.