The deceased was admitted to hospital as an unknown person after being assaulted. He died on 8 January 2024 from epidural haematoma and head injuries caused by assault with severe force, and was only identified on 12 January 2024. On or about 6 January 2024, the deceased was drinking alcohol at a state witness's residence with Pilate Ndlovu. The accused joined them later. After consuming all the beer, the accused gave Pilate Ndlovu USD10 to buy more beer, who sent the deceased to purchase two Whiskey beers. The deceased instead bought 2 x 200ml star cans and 2 x 500ml dragon energy drinks, returning with 50 Rand change. Pilate Ndlovu believed the deceased had stolen money. A fight ensued at the residence. The accused denied assaulting the deceased and alleged that Pilate Ndlovu assaulted him while the accused directed the deceased to run away.
The accused was found not guilty and acquitted.
In a criminal trial, where the prosecution relies on the evidence of a single witness, that evidence must be clear and satisfactory in every material respect to warrant a conviction. Where the single witness's evidence contains material contradictions and inconsistencies, and the witness was intoxicated at the time of the alleged events, and the prosecution fails to call a crucial witness (co-accused), the cumulative effect of these deficiencies creates reasonable doubt entitling the accused to an acquittal. The court must apply a common-sense approach in assessing single witness testimony and will not convict where reasonable doubt exists as to the accused's guilt.
The court observed that this was a case which could not be prosecuted successfully in the absence of Pilate Ndlovu (the co-accused), suggesting that the prosecutorial decision to proceed without securing his testimony was problematic. The court also noted that the witness's evidence suggested there may have been prior issues between Pilate Ndlovu and the deceased beyond the immediate beer purchase incident, hinting at alternative explanations for the assault that were not fully explored.
This Zimbabwean High Court case demonstrates the application of the single witness rule in criminal trials and the strict scrutiny applied to such evidence in murder cases. It illustrates how contradictions and inconsistencies in a single witness's testimony, particularly when the witness was intoxicated at the material time, can create reasonable doubt. The case reinforces that prosecutorial decisions to proceed without key witnesses (such as the co-accused Pilate Ndlovu) can be fatal to the state's case. While this is a Zimbabwean judgment, it applies common law principles shared with South African jurisprudence regarding single witness evidence and the standard of proof beyond reasonable doubt in criminal matters.