CRIM. CASE NO. 68/01 In the matter between: REX AND MANUEL JOE SIBIYA MICHAEL VINCENT KHOZA- CORAM K.P. NKAMBULE-J FOR THE CROWN MR. MASEKO FOR THE ACCUSED PERSONS MR. SIMELANE RULING ON EXTENUATING CIRCUMSTANCES 18/6/04 The Accused were jointly charged with a total of seven counts. They were found guilty of four counts of murder. The Auccused No. 1 maintained throughout the trial that he did not participate in the commission of the offences. That it was one Bongani Vilakati who committed the murders and that he and Accused No. 2 only helped in the burial of the four victims.
and the circumstances underwhich the deceased were killed, discharged the onus of showing that extenuating circumstances exist. I accordingly find that extenuating circumstances exist in this case. K.P. NKAMBULE JUDGE
