Kekana v The State

The appellant, David Malisela Kekana, and the complainant, Frederick Ngoma, were co-employees at the Ekurhuleni Municipality. Both applied for a supervisory position, which was awarded to Ngoma. Evidence showed that the appellant reacted angrily and made threats against Ngoma. The State alleged that the appellant conspired with Sipho Gift Ndlovu to murder Ngoma, offering him R3000. Ndlovu testified that he never intended to carry out the killing and instead informed Ngoma and the police, leading to the appellant’s arrest. The appellant denied the allegations, claiming he merely sold a cellphone to Ndlovu and was falsely implicated as part of a conspiracy against him.

The appeal against both conviction and sentence was dismissed.

The case reaffirms important principles in South African criminal law regarding conspiracy and attempt, particularly that an accused may be guilty of attempting to conspire even where no true agreement exists. It also underscores the strict limits on appellate interference with factual and credibility findings of trial courts and confirms the SCA’s deferential approach in the absence of material misdirection.