Answer to Question #221762 in English for J SON

Question

Mr Malwela and co-accused Mr Duduzane were convicted on charges of robbery and murder in the Makhado Regional court. It emerged during their trial that the deceased, a primary school teacher, Ms Mpolayeni, was shot on the shoulder-blades as a result of which she became a paraplegic. Her condition improved, and she eventually resumed her work at the same school. She is using a wheelchair. Her medical doctor advised her to shift her position in the wheelchair regularly. She ignored this advice as a result of which she developed serious pressure sores which caused septicaemia and her subsequently died. 

In appeal the appellant’s contention was that although the bullet wound had been a cause of the death of the primary school teacher (conditio sine qua non), it was not the legal cause thereof. Advise Mr Malwela and Mr Duduzane on the likelihood of the success on appeal. 

Answer 1

Mr Malwela and co-accused Mr Duduzane were convicted on charges of robbery and murder in the Makhado Regional court. It emerged during their trial that the deceased, a primary school teacher, Ms Mpolayeni, was shot on the shoulder-blades as a result of which she became a paraplegic. Her condition improved, and she eventually resumed her work at the same school. She is using a wheelchair. Her medical doctor advised her to shift her position in the wheelchair regularly. She ignored this advice as a result of which she developed serious pressure sores which caused septicaemia and her subsequently died. 

In appeal the appellant’s contention was that although the bullet wound had been a cause of the death of the primary school teacher (conditio sine qua non), it was not the legal cause thereof. Advise Mr Malwela and Mr Duduzane on the likelihood of the success on appeal.

• Besides the fact that the two were involved in a roberry with atempted murder, its not quite legal for the court to convict them with murder since even after the shots the decessead never died immediately. In factual cause, murder through shots would have occured immediately but its said that she had received some treatments before and discharged from hospital but was under strict doctor instructions which she never adhered to. For instance, if the deceased would have died as a cause of the shots it should have been so sunden but instead shoulder shots is not near the heart and this only caused paraplegic condition. The deceased had recovered dispite the paraplegic conditions that required her to change her seating positions reqularly but due to neglence its factual that the deceased death was as a result of ignorance to adhere to doctors instructions although the bullet wound have been a cause of the death of the primary school teacher.