Thembani Bamba v The State

The appellant, a police officer, was charged with the murder of Ludwe Golotile, who was shot and killed during a police crime-prevention patrol in Samora Machel, Nyanga, on 20 January 2007. No eyewitness saw the appellant shoot the deceased. The State’s case relied primarily on circumstantial evidence, especially ballistic evidence allegedly linking a bullet and cartridge found at the scene to the appellant’s service firearm. Serious discrepancies emerged regarding the recovery, preservation, recording, and conveyance of the ballistic exhibits, including inconsistent exhibit numbers and uncertainty about whether the items tested were those found at the scene.

Special leave to appeal was granted; the appeal was upheld; the conviction was set aside and replaced with an order that the accused is found not guilty and discharged.

The case underscores the critical importance of strict adherence to chain-of-custody requirements for exhibits, particularly ballistic evidence, in criminal prosecutions. It reaffirms the State’s burden to prove beyond reasonable doubt not only expert conclusions but also the factual foundation linking exhibits to the crime scene. The judgment serves as a caution to investigative authorities and prosecutors regarding evidentiary integrity.