Justice at Last? SCA Acquits Man in Botched Trial

Siyabonga Ngcobo, previously convicted of attempted murder, has been acquitted by the Supreme Court of Appeal (SCA) due to what Judge Chili (writing for a unanimous court) described as a “material failure of justice.” Initially sentenced to five years in the KwaZulu-Natal Regional Court, Ngcobo appealed his sentence and conviction unsuccessfully in the High Court before the SCA granted him special leave to appeal the conviction.

Ngcobo’s ordeal began when Mr Zulu, Ngcobo’s lifelong friend, testified that on 12 September 2019, he was driving to Shoprite when he noticed a white Golf 7R following him. He lost sight of the Golf at a traffic circle but saw it again when he parked. The Golf stopped in front of him, and Ngcobo rolled down the window. Zulu thought Ngcobo wanted to greet him, but instead, he and another person fired shots at him. The shooting lasted about a minute, then the Golf drove off, leaving an injured Zulu to be rescued by a bystander. Zulu and Ngcobo knew each other well, having grown up together. However, they became enemies after being arrested together in 2011 on murder allegations.

Acting Judge Chili overturned Ngcobo’s conviction primarily due to errors in the handling of the trial, including misdirection and the dismissal of his alibi defence. He criticised the trial’s irregularities, highlighting tensions between Ngcobo’s lawyer and the magistrate, which overshadowed the legal proceedings.

Judge Chili emphasised that emotional outbursts in court between Ngcobo’s attorney and the magistrate had disrupted due process, calling for a fairer trial environment. In his words: “[t]he 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.” He added that “the focus had shifted from seeking justice to settling scores.”

While Ngcobo leaves court a free man, the ruling underscores a broader lesson: justice, like a good cup of coffee, requires a cool head. When legal professionals, and particularly judicial officers, turn trials into personality contests, the only verdict is embarrassment.

You can read the SCA’s full Ngcobo v S judgement here.

Written by Theo Tembo