Supreme Court of Appeal

Local man acquitted of murder after wrongfully spending 10 years behind bars

Could there be any error bigger than this?

Supreme Court of Appeal

There are quite a few administrative mistakes that can be rather annoying. Home Affairs might spell your name wrong on an official document or SARS might have your incorrect details. When the court makes a “mistake”, though, your life can literally go up in flames.

Supreme Court of Appeal: Delayed justice

Ntshavheni Samuel Nndwambi had spent over 10 years in jail for murder. Now, he is a free man thanks to a ruling from the Supreme Court of Appeal (SCA). After assessing previous judgments, the SCA ordered his immediate release.

Nndwambi was implicated by Tshimangadzo Leroy Mushweu over the killing of a popular principal, Shavhani Ramusetheli.

Read – Jason Rohde trial: Prosecutors tear into dodgy witness during cross-examination

Appeal Court Judge Carol Lewis set aside Ndwambi’s sentences for murder, attempted murder and robbery with aggravated circumstances.

“The appeal against the convictions for murder and robbery with aggravating circumstances is upheld and the convictions and sentences on those counts are set aside.”

In the initial sentencing, Nndwambi was sentenced in the Limpopo High Court to life in prison for murder, and 20 years for robbery.

An application for leave to appeal came in 2007 but Acting Judge Ephraim Makgoba denied it.

So how did Nndwambi end up in jail if he wasn’t guilty?

The SCA found that Judge Makgoba accepted an “extra-curial admission” and convicted all four of the accused due to that single admission.

The admission that incriminated Nndwambi should not have been enough to negate the State’s onus to prove his guilt beyond a reasonable doubt.

“The appellant [Nndwambi] denied any involvement in the commission of the offences and no evidence was led by the State other than that of the accused who incriminated his co-accused.”

In 2016, the SCA also set aside the conviction of Nndwambi’s co-accused, Marcus Nndateni Mulaudzi.

Mulaudzi told News24 that he had only met his co-accused two days before the principal was murdered.

Read: Free State farm murder linked to “sword” being used as murder weapon

While the South African Justice System might have plenty of issues, this initial judgment has to be right up there. 10 years in jail for a crime you didn’t even commit, all because one man claimed it was you.