On 23 January 2001, three armed men robbed Mr Alexius Lambert Amtaika at his home in Chiawelo, Soweto. They stole his Audi A4, cash, a cellphone, books, cassettes and a baby seat, and shot him multiple times without resistance. His infant daughter was thrown from the vehicle as the robbers fled. Two days later, the two appellants, Jimmy H Charzen and Brian M Msibi, were arrested. An identification parade was held on 8 February 2001, at which the complainant identified both appellants as the robbers who shot him. No physical evidence linked the appellants to the crime. They were convicted in the regional court of robbery, attempted murder (in respect of one appellant), and unlawful possession of firearms and ammunition, and their convictions were upheld by the High Court before reaching the Supreme Court of Appeal.
The appeal was upheld. The convictions and sentences were set aside, and both appellants were acquitted on all charges.
This case reinforces the cautious approach South African courts must adopt toward identification evidence, particularly where it is based on a single witness and is uncorroborated by objective evidence. It highlights that even confident and credible witnesses can be mistaken, and that material discrepancies in descriptions can create reasonable doubt.