On 11 February 2004, at approximately 09h30, a robbery took place at the NBS Building Society bank in Dundee, KwaZulu-Natal. Five robbers entered the bank, with the appellant (Mdlongwa) being identified as one of them. Security officer Sikhumbuzo Mbatha testified that the appellant drew a firearm and ordered him to allow the robbers into the bank. The robbers assaulted a staff member, took money, and temporarily took a teller hostage before fleeing. The incident was captured on the bank's digital CCTV surveillance cameras. The appellant and four other persons were charged with robbery with aggravating circumstances, unlawful possession of firearms and ammunition. The appellant pleaded not guilty and advanced an alibi defence, denying he was the person in the video footage or in a photograph taken by Inspector Khoza two weeks after the robbery. The appellant did not testify in his defence. He was convicted in the Regional Court in Dundee of robbery with aggravating circumstances and sentenced to 20 years' imprisonment. His appeal to the KwaZulu-Natal High Court was dismissed, but he was granted leave to appeal to the Supreme Court of Appeal.