Mathekga and Another v The State

The appellants, Constables Mmereki Welcome Mathekga and Johannes Thulani Mngomezulu, were on duty as police officers when they responded to a back-up call reporting that a fellow officer had been shot. At a taxi rank in Hillbrow, Johannesburg, they encountered two men walking briskly with firearms. Without properly identifying the men or attempting arrest, the appellants opened fire with an R5 assault rifle and a 9mm pistol. The two men were in fact plain-clothes police officers pursuing a suspect. Constable Tshomela was fatally wounded, Constable Khumalo was seriously injured, a bystander was wounded, and several vehicles were damaged. The appellants were convicted in the High Court of murder, attempted murder, and malicious damage to property, and sentenced to an effective term of 15 years’ imprisonment.

The appeal against conviction was dismissed. The appeal against sentence succeeded in part. The sentence of 15 years’ imprisonment was set aside and replaced with a sentence of 13 years’ imprisonment for each appellant on the murder conviction.

The case reinforces strict limits on police use of deadly force under s 49(2) of the Criminal Procedure Act and underscores constitutional principles of proportionality and respect for life. It also clarifies the application of minimum sentencing provisions under the Criminal Law Amendment Act, particularly where the offender is unaware that the victim is a law enforcement officer.