KEY POINTS
- The South African Supreme Court of Appeal released Siyabonga Ngcobo because he received an unfair trial.
- The testimony of key witnesses produced inconsistent and contradictory evidence information.
- The Supreme Court determined that the trial magistrate destroyed procedural fairness during the judicial process.
The Supreme Court of Appeal issued a free status to Siyabonga Ngcobo who received a conviction for attempted murder in 2021 based on problems discovered in his legal proceedings.
During September 2019 Ngcobo discharged gunfire at Mr. Zulu in Montclair which almost cost his friend his life.
During court proceedings Zulu provided information linking Ngcobo to the shooting event though his statements became inconsistent.
Zulu provided conflicting testimony to the court regarding how his attackers positioned their vehicles at the time of the incident.
The proof by photograph failed to confirm his story. The court failed to verify Ngcobo’s alibi statement indicating his whereabouts during the crime period.
Judicial misconduct and acquittal
The judicial proceedings led to acquittal when Judge Nkosinathi Emmanuel Chili concluded that trial magistrate activities interfered unfairly with prosecution matters and he engaged in angry confrontations with defense counsel.
The Supreme Court used these procedural violations as grounds to free Ngcobo from prison immediately.
