Mzwake Mbuli v The State

On 28 October 1997, shortly after opening, a First National Bank outlet in Waverley, Pretoria was robbed by at least three armed men. The robbers used handguns and a hand grenade and stole R15 039.82, placing the money in a blue canvas bag before fleeing. Shortly thereafter, police stopped a blue BMW driven by the appellant, Mzwake Mbuli, with two passengers. Inside the vehicle police found the stolen money, three firearms, holsters, a blue overall, and a hand grenade. The appellant and his co-accused were arrested and charged with robbery and unlawful possession of a hand grenade. They were convicted in the regional court and their convictions were upheld by the High Court. Only the appellant pursued a further appeal to the Supreme Court of Appeal.

The appeal was dismissed and the appellant’s convictions and sentences for robbery and unlawful possession of a hand grenade were upheld.

The case is significant for its treatment of circumstantial evidence in criminal trials and its clarification of joint possession in the context of weapons found in a vehicle used in the commission of a crime. It also reiterates cautionary principles regarding identification parades and inconsistent witness statements.