Mzwinila was accused of robbing Subhabash Arora of P41, 000, R30 and a diamond ring worth P4,000 and Sunil Sharma a diamond ring worth P2,000 and P600 in cash at Pula Sales Dairy Ice Cream in Tlokweng in 2003. Justice Zietsman said Mzwinila's passport was brought before the court and it bore immigration stamps confirming that he had crossed to Mafikeng - South Africa, on the day of the robbery. He said the state relied mostly on a witness who said that she identified Mzwinila saying she knew him because they went to the same school six years before the robbery.
He said that though they agreed that the state witness was a reliable and credible one, it was possible she had mistaken someone for Mzwinila. He said that the state has not proven beyond reasonable doubt that Mzwinila was the one who committed the robbery and he set aside the conviction and sentence. Mzwinila had appealed to the High Court but his appeal was turned down so he approached the Court of Appeal. Attorney Diba Diba represented him.
