Liqhayiya Tuta was initially found guilty of stabbing the officers, who were in civilian clothes, when they tried to subdue him after a chase in the streets of Sunnyside, Pretoria, at about midnight in 2018.
The Constitutional Court on Friday overturned his conviction and ordered the prison facility he is in to release him with immediate effect.The highest court in the land did not immediately furnish reasons for the decision but said they would be furnished at a later date. Const Kenneth Sithole and Const Lawrence Magalefa were driving an unmarked red VW Polo as they were part of Operation Fiela which was targeting criminals in the Tshwane capital when the incident happened.Sithole died at the scene while Magalefa sustained serious injuries after being stabbed by Tuta.
Ngcukaitobi successfully argued that had the cross-examination by the defence not been interrupted by a trial judge it would have proved beyond reasonable doubt Tuta acted in self-defence and had not been aware that the two men who had pinned him to the ground were on duty police officers.
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