The Pietermaritzburg High Court has set aside a conviction and life imprisonment sentence for murder after finding that the accused had a right to consult his lawyer before making a confession statement.
Innocent Thabani Ngcobo went to the court to appeal against his conviction and sentence, after he had been convicted by the KwaZulu-Natal Division of the High Court in Mtunzini on May 12, 2022.
Ngcobo was sentenced to life imprisonment for two counts of murder, 15 years for another murder, and eight years for attempted murder.
His leave to appeal both the conviction and sentence was granted by the Supreme Court of Appeal on September 28, 2023.
On May 30, 2025, the Pietermaritzburg High Court heard the argument in the appeal. The judgment in the High Court was handed down by judges Garth Harrison, Nompumelelo Hadebe, and Pieter Bezuidenhout.
The core issue in the appeal was the admissibility of the confession that Ngcobo had made. The confession was ruled admissible during his trial in Mtunzini.
According to Ngcobo, on November 11, 2018, he was told by his family that police were looking for him.
His family organised an attorney, Mr Manzini, who accompanied Ngcobo to the Empangeni police station, where an investigating officer, Sergeant Shange (first name unknown), collected him.
Additionally, Manzini gave Sergeant Shange his business card and told him that he was representing Ngcobo; should a statement need to be taken, he told Shange to call him.
While Shange and Ngcobo were on the way to Durban, Shange had to turn back to Empangeni as Ngcobo decided to confess.
Due to the unavailability of a magistrate, Shange’s superiors advised that they had arranged for Lieutenant Colonel Ngubane (first name not mentioned in judgment) from the Mtunzini detective branch to take the confession at the Empangeni police station.
During a trial-within-a-trial in Mtunzini before Ngcobo was sentenced, it was evident that Manzini had not been called before his client made a statement.
Lieutenant Colonel Ngubane said he would not have continued to take Ngcobo’s statement had he known that Ngcobo was going to consult with his attorney.
Sergeant Shange told the court that when he collected the accused at the police station, Manzini introduced himself as a legal practitioner.
Manzini also testified and said he had told Sergeant Shange that he was representing Ngcobo.
“I told them that whenever a statement needs to be taken from him, they will have to call me because I will have to be there before the statement is taken from him,” Manzini said.
Ngcobo further alleged that he was assaulted by the police. However, doctor FN Makhaza, who examined him before he made his statement, said Ngcobo was not assaulted.
Judge Harrison said Manzini’s evidence was clear, adding that the judgment of the admissibility of the confession failed to deal with any of the evidence presented by Manzini.
“There is no credibility finding made against Manzini, nor was his version ever rejected,” he said.
Additionally, Judge Harrison said the admission of the confession in the present appeal was unsafe.
He added that Ngcobo had a right to consult before making the statement.
