Convicted attempted murderer Siyanbonga Ngcobo has been acquitted by the SCA after Acting Justice Nkosinathi Chili found the court proceedings were a failure of justice as the presiding magistrate’s open-mindedness had been ‘compromised’.

A Cape Argus report says Ngcobo was convicted and sentenced in the KZN Regional Court to five years behind bars for a charge related to a shooting incident that took place in September 2019 at Montclair.

After his conviction, Ngcobo appealed to both the Regional Court and the High Court against his conviction and sentencing, which was refused by both forums.

During January last year, the SCA granted him special leave to appeal against his conviction.

Chili acquitted Ngcobo after he found the Regional Court misdirected itself after it erroneously found corroboration from a single witness and erred in rejecting Ngcobo’s alibi defence.

Chili said Ngcobo was wrongly convicted by the trial court and that his conviction was erroneously confirmed by the High Court.

Before acquitting Ngcobo, Chili described his case as a miscarriage of justice. Chili said: ‘The manner in which the learned magistrate conducted the trial is to be frowned upon. The learned magistrate committed several irregularities, the cumulative effect of which rendered the trial of the appellant unfair. She descended into the arena at a critical stage of the trial, where she should have allowed the public prosecutor the opportunity to prove the state’s case.’

Chili added: ‘It is clear on record that both the learned magistrate and the appellant’s attorney had focused their attention on attacking and defending their respective personalities rather than seeking justice. Comments like “Oh my goodness... let’s see how far you get... don’t shout at me, I do not stand that nonsense... stop pointing fingers at me... this war between us seems to be interesting, let it go on” are a clear indication that the focus had shifted from seeking justice to settling scores.’

Full Cape Argus report

Judgment