Mapande v The State

On 27 June 2000, a robbery with aggravating circumstances was committed at the home of Mrs Elelwani Friedah Chabalala at River Plaas. Approximately R20 000 in cash and various personal items were taken at gunpoint. Cedric Mapande, the appellant, was alleged to have acted as part of a group of four perpetrators. Although he did not enter the house, the State alleged that he was involved in the planning and execution of the robbery and waited in the getaway vehicle outside. A co-accused, Mr Balaganani Thomas Nematswerani, testified for the State and implicated the appellant. His evidence was corroborated by Mrs Chabalala and by Mr Charles Chabalala, who testified that earlier on the same day the appellant had made enquiries about the house while travelling in the vehicle later used in the robbery. Mr Chabalala noted the vehicle’s registration number, which was linked to the robbery. The appellant did not testify at trial. He was convicted in the Limpopo High Court (Thohoyandou) of robbery with aggravating circumstances and sentenced to 15 years’ imprisonment under the minimum sentencing regime.

The appeal against both conviction and sentence was dismissed.

The case reaffirms important principles in South African criminal law relating to the assessment of accomplice evidence, the effect of lies by a witness on overall credibility, and the consequences of an accused’s election not to testify in the face of incriminating evidence. It also confirms a strict approach to the minimum sentencing regime for robbery with aggravating circumstances where no substantial and compelling circumstances are present.