Ruling by Magistrate Sharon Marks in the case of State v Limpaphi and 11 Others ('Kennedy 12'), Durban, July 18 2011:
JUDGMENT ON APPLICATION
COURT: This is an application for a discharge in terms of section 174 of the Criminal Procedure Act. The only test to be decided at this stage is whether a reasonable Court might convict the accused to determine whether they should be placed on their defence or not.
Pre 1994 the Court was also entitled to take into account that the defence case might even supplement the State's case. Post 1994 that is not the decision. It is quite simple, whether a reasonable Court might convict the accused on the available evidence.
Moreover although none of the accused in their defence have testified as yet, the Court is fully aware of the defence of all the accused and that is that there must be identification. At the end of the day that is the only issue in this case because it is quite clear that the State has proved the elements of the offences that took place on this night in question.
The evidence is quite clear that there was trouble brewing in Kennedy Road informal settlement. Different groups of people were dissatisfied with other groups of people who were ruling the roost so to speak and after meetings were called it culminated in a rampage that took place on the night in question.