South Africa: High Courts - Gauteng

NOT REPORTABLE

IN THE HIGH COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

JOHANNESBURG

CASE NO: 99/06

DATE: 2006.09.04

In the matter between

THE STATE

and

DAYANUND PILLAY...................................................................................................... Accused

JUDGMENT

WILLIS, J: The accused was indicted on a count of murder, it being alleged that on about 2 December 2005 and at or near 79 Gantner Street, Forest Hill, in the district of Johannesburg, he unlawfully and intentionally killed Nazarana Govender. When the charge was put to the accused he pleaded guilty. The accused has the benefit of legal representation.

The accused's attorney read a statement in terms of section 112(2) of the Criminal Procedure Act, 51 of 1977 (as amended), in terms of which the accused admitted that he was the person in the indictment and that he admitted having killed Nazarana Govender. In his explanation he says that he and the deceased were involved in an extramarital relationship for a period of twelve years, from which relationship two children were born. He has explained that on the day in question an argument ensued between himself and the deceased, Nazarana Govender, she had threatened to leave him for good, which he said he was not in a position to cope with, he became extremely angry, and in the beat of the moment of passion strangled her with a tie until she was dead. The death of the deceased is apparent from the post-mortem report. The plea explanation was confirmed directly with the accused by me, and the state has agreed to accept this plea of guilty.

I am satisfied that all the necessary elements relating to the count of murder have been proved, and the accused is accordingly found guilty as charged.

ON BEHALF OF THE STATE: ADV VAN HEERDEN

ON BEHALF OF THE ACCUSED: ADV LEISHER