Second of four men freed after judge’s error in murder trial
Samuel Nndwambi plans to sue the state for R28m
A man who has spent 12 years in jail for murder must be freed immediately because the judge who convicted him made a fundamental error‚ the Supreme Court of Appeal has ruled. Samuel Nndwambi is the second of four men jailed for life in 2006 at the High Court in Thohoyandou‚ Limpopo‚ to have his conviction overturned due to the same error by Ephraim Mkgoba. Mkgoba was an acting judge at the time but is now judge president of Limpopo. Appeal Judge Carole Lewis said after reading heads of argument and the trial record in Nndwambi’s case‚ which was due to be heard on August 15‚ she and her colleagues on the bench had decided he must be set free immediately. In May 2016 one of Nndwambi’s co-accused‚ Marcus Mulaudzi‚ was freed after the appeal court said Makgoba relied entirely on the uncorroborated evidence – which they said was "entirely unworthy of credence" — of one of their alleged accomplices‚ Tshimangadzo Mushweu. Lewis upheld Nndwambi’s appeal against his convictions for murder an...
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