Nndwambi v The State

The appellant, Nndwambi, was one of four accused tried in the Limpopo Division of the High Court on charges of murder and robbery with aggravating circumstances. One co-accused made an extra-curial admission that largely exculpated himself while implicating the other accused, including the appellant. The trial court admitted this extra-curial admission and convicted all four accused solely on its strength, despite the appellant denying involvement and no independent evidence being led against him. The appellant was sentenced to life imprisonment for murder and 20 years’ imprisonment for robbery. His application for leave to appeal was refused, and he remained incarcerated for over ten years before the Supreme Court of Appeal granted leave to appeal.

The appeal was upheld. The convictions and sentences for murder and robbery with aggravating circumstances were set aside, and the trial court’s order was replaced with one acquitting the appellant on both charges. The appellant was to be released from custody immediately.

The case reinforces and applies the Supreme Court of Appeal’s jurisprudence in S v Litako on the inadmissibility of extra-curial admissions by co-accused. It underscores the protection of the accused’s constitutional right to a fair trial and confirms that convictions cannot rest solely on such admissions. The decision also illustrates the court’s willingness to grant condonation where failure to do so would perpetuate an injustice.