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  • Liqhayiya Tuta: ConCourt makes HUGE u-turn in self-defence case

    Liqhayiya Tuta: ConCourt makes HUGE u-turn in self-defence case

    Law student Liqhayiya Tuta was handed a life sentence in the Pretoria High Court for stabbing two police officers in self-defence. However, the Constitutional Court overturned the judgement and on Tuesday the reasons were revealed.

    WHY THE CON COURT OVERTURNED TUTA’S LIFE SENTENCE

    Initially, Tuta was found guilty of stabbing the officers dressed in civilian clothes when they attempted to detain him after a chase in the streets of Sunnyside, Pretoria, around midnight in 2018.

    Two weeks ago, the ConCourt overturned his conviction and ordered Tuta is released from prison with immediate effect.

    Upon his release, Tuta was met by several of his family members expressing their jubilation that he was finally freed.

    On Tuesday the Constitutional Court released the majority of its judgement written by Justice David Unterhalter along with justices Mbuyiseli Madlanga, Steven Majiedt, Steven Mathopo and Nonkosi Mhlantla, Leona Theron and Zukiswa Tshiqi. 

    The justices were all in agreement in favour of the appeal made by Tuta. They found that the high court failed to formulate the correct test for putative private defence and that was “an error of law that carried the risk of an unsound conviction and an unfair trial”.

    NOT MURDER BUT SELF-DEFENCE

    According to the testimony of Constable Lawrence Makgafela, he and his partner, Constable Nkosinathi Kenneth Sithole, attempted to arrest Tuta after he and his friend ran away. 

    The police officers suspected Tuta of being in possession of a stolen laptop.

    Tuta appealed the life sentence he was given by the high court in 2019. He argued he acted in self-defence and was not aware at the time they were police officers and mistook them for thieves.

    Sithole died after being stabbed by Tuta, whom he was attempting to arrest, while Magalefa had gone to the car to fetch handcuffs.

    Upon Magalefa’s return to the scene, he was also stabbed by Tuta.

    Magalefa was hospitalised for more than 30 weeks after the incident

    READ MORE: Zuma in SCA over medical parole, two months before ConCourt contempt sentence ends

    View the full article


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