Tsinyane Solomon Mamushe v The State

The appellant was convicted in the Vereeniging Circuit Court of murder, robbery, and unlawful possession of a firearm and ammunition arising from an armed robbery on 31 January 1997 in Evaton, during which the deceased, a delivery driver, was shot and killed. The State’s case rested primarily on the eyewitness testimony of the deceased’s assistant, Mr Ramakgula, and on three extra‑curial statements allegedly made by Ms Bessie Martin, the owner of the tuck shop where the shooting occurred. In those statements Ms Martin identified the appellant as the armed assailant, but at trial she repudiated them, alleging duress and denying any identification. The trial court admitted her statements as evidence and convicted the appellant. The appellant appealed against both conviction and sentence.

The appeal was upheld. All convictions and sentences were set aside.

The case authoritatively confirms that s 3(1)(b) of the Law of Evidence Amendment Act permits admission of hearsay only where the declarant testifies and confirms the statement in court. It reinforces the strict caution applied to hearsay and single‑witness identification evidence in criminal trials, especially where such evidence is central to the State’s case, and underscores the constitutional fair‑trial considerations governing admissibility.