IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) MAHLANGU MAFIKA : Applicant. THE STATE : Respondent
|
|
- Gregory Lucas
- 5 years ago
- Views:
Transcription
1 CA 137/2003 IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) In the matter between: MAHLANGU MAFIKA : Applicant and THE STATE : Respondent APPLICATION MAFIKENG HENDRICKS AJ DATE OF HEARING :22 September 2003 DATE OF JUDGMENT :25 September 2003 COUNSEL FOR APPLICANT COUNSEL FOR RESPONDENT :Adv. M.M. Sono :Adv. E.M. Mmolawa HENDRICKS AJ: This is an appeal against the refusal of bail by the Magistrate in the
2 Regional Court, Mmabatho. The Appellant, who was accused no. 7 in the court a quo, applied unsuccessfully to be released on bail pending his trial. The initial bail application was heard on the 05 th March 2003 and new evidence was led on 10 th April 2003, but it was only on the 12 th September 2003 (5 months later) that this appeal appeared for the first time before this court. It is indeed regrettable that such a long delay occurred in this matter seeing that bail appeals are urgent and it should be attended to as soon as it is practically possible to do so. The appellant was together with his co accused arrested at a farm near Ramatlabama, near the border with neighbouring Botswana. It appears from the uncontested evidence that the Appellant happened to be in a Nissan Bakkie together with one of his co accused, accused no. 4, in the court a quo. Apparently Accused No. 4 was asked by the Appellant to bring building materials from Pretoria to Itsoseng where the Appellant was attending to a building project at the Itsoseng Magistrate Court. According to the Appellant, Accused No. 4 then asked him to accompany him to the place where he is supposed to deliver this Nissan Bakkie. They ended at an unknown place, where they were arrested, together with the other co accused. Some semi automatic fire arms and ammunition were found in one of the motor vehicles to wit a BMW at the scene. It appears from the record that some of the charges that Appellant is facing is possession of firearms and ammunition and conspiracy to commit armed robbery. The Magistrate in his Reasons for Judgment filed in this court on 16 th September 2003, states that the Appellant and his co accused are charged with an offence listed in Schedule 6 of the Act. This is incorrect. It is abundantly clear from the evidence on record that the Appellant and
3 his co accused are facing charges listed in Schedule 5 and not Schedule 6 of the Act. Miss Sono, who appeared on behalf of the State, also conceded that the Magistrate misdirected himself in stating that the Appellant is charged with offences listed on Schedule 6, whereas he is charged with offences listed in Schedule 5 of the Act. A certificate from the office of the Director of Public Prosecutions serves as proof of this fact. This definitely has a bearing on the standard of the onus of proof. See in this regard State v Botha 2002 (1) SACR 222 HHA on page 230 (d) (f) where the following is stated: Ingevolge beide art 60 (11) (a) en (b) is daar _ formele bewyslas op _ beskuldigde wat om borgtog aansoek doen om getuienis aan te bied wat die hof oortuig. Die verskil in die twee subartikels lê in die vereiste dat _ Bylae 6 beskuldigde getuienis moet aanbied wat die hof oortuig dat buitengewone omstandighede bestaan wat sy of haar vrylating veroorloof, terwyl _ Bylae 5 beskuldigde slegs getuienis hoef aan te bied wat die hof oortuig dat die belang van geregtigheid sy of haar vrylating veroorloof. Artikel 60 (11) (a) bevat twee afsonderlike vereistes waarvan die beskuldigde die hof op _ balans van waarskynlikhede moet oortuig: eerstens dat daar buitengewone omstandighede bestaan wat sy of haar vrylating toelaat en, tweedens, dat sodanige buitengewone omstandighede die vrylating in die belang van geregtigheid verloorloof. Ek stem met die Hof a quo saam dat die vereistes nie in _ bepaalde volgorde oorweeg hoef te word nie. In terms of a Schedule 5 offence, the Appellant must proof on a balance of probabilities that it is in the interest of justice for him/her to be admitted to bail. In terms of an offence listed in Schedule 6 the Appellant
4 must proof on a balance of probabilities that exceptional circumstances exist which warrants his/her release on bail. The Magistrate clearly misdirected himself in finding that: The Appellant has a case to face and has not established any exceptional circumstances. It is clear that the Magistrate applied the wrong test and placed a higher standard of onus on the Appellant than is required by the Act. To add to the confusion, the Magistrate seems to place an additional onus on the Appellant by stating in the sentence immediately following upon the one quoted above, the following: It was and still is not in the interest of justice to grant bail of Appellant. It appears to me that either the Magistrate was confused about the test to be appllied or he thought that both the tests should be applied to the facts of this case. Be that as it may, it is clear that the Magistrate misdirected himself in applying the wrong test or in applying both tests and it warrants an interference by this court.
5
6 Furthermore, in his Reasons for Judgment the Magistrate states that: It was evident that Appellant was involved in the process of commission of the offence that resulted in his arrest on the day in question. Appellant was arrested with all other applicants and he knew all about the presence of machine guns on stolen vehicles. There is evidence by Mr Botha that release of Appellant would hamper investigations. Investigations include identification parade. Release of the Appellant would afford him opportunity to expose himself to witnesses or complainants and this would jeorpadise subsequent identification parade It is clear that the Magistrate misquoted and misinterpreted the evidence which was led by the State and he misdirected himself with regard to the facts presented. There is no evidence that suggests that the Appellant knew about the presence of machine guns on stolen vehicles, or that he knew that the motor vehicle in which he travelled, driven by his co accused, Accused No. 4, is indeed stolen. There is also no evidence on record that proofs that there is a likelihood that Appellant, if he is released on bail, will endanger the public safety or the safety of a particular person and/or that he will influence or intimidate witnesses or conceal or destroy evidence and/or evade his trail and/or hamper the proper administration of justice. Therefore, none of the grounds enlisted in Section 60(4) of the Act, are present in this case. Having regard to all the facts of this matter, I am satisfied that it is in the interest of justice that the Appellant be admitted to bail, and that Appellant successfully discharged the onus placed on him. In the circumstance, I make the following order: 1.The appeal by the Appellant against the refusal of bail is upheld
7 2.Bail is fixed in the amount of R cash on condition that if the Appellant pays the amount of bail: (a) he must report twice daily (Mondays to Fridays) at Itsoseng Police Station between 06h00 and 08h00 in the mornings and 16h00 and 18h00 in the afternoons; and (b) he must report twice daily over week ends (Saturdays and Sundays) at Rosslyn Police Station in Pretoria between 06h00 and 08h00 in the mornings and 16h00 and 18h00 in the afternoons. R.D HENDRICKS ACTING JUDGE OF THE HIGH COURT DATED: 25 SEPTEMBER 2003 Attorneys for the Appellant: Megacity Shopping Centre MMABATHO Isang Nakale Incorporated Suite 0113B, West Gallery
IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION)
A NO: 18/2002 C IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) In the matter between:- ALEX DHIKUSOOKA and THE STATE APPELLANT RESPONDENT APPLICATION MMABATHO LEEUW J COUNSEL FOR
More informationIN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG
In the matter between: IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG Case No: A38/2014 Appeal Date: 4 August 2014 MDUDUZI KHUBHEKA Appellant And THE STATE Respondent JUDGMENT [1]
More informationOFFICE OF THE CHIEF JUSTICE GAUTENG DIVISION, PRETORIA
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy OFFICE OF THE CHIEF JUSTICE GAUTENG DIVISION, PRETORIA
More informationIN THE CAPE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) CASE NO: 153/2008. In the matter between: BRENDAN FAAS.
IN THE CAPE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) In the matter between: CASE NO: 153/2008 BRENDAN FAAS Appellant vs THE STATE Respondent JUDGMENT: 29 APRIL 2008 Meer, J: [1]
More informationHIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA)
- - ------------------- HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) CASE NO: A200/2016 DELETE WHICHEVER IS NOT APPLICABLE (1) REPORTABLE: ~ / NO. (2) OF INTEREST TO OTHER JUDGES:,$ I NO. (3)
More informationJUDGEMENT ON BAIL APPEAL
Circulate to Magistrates: Yes / No Reportable: Yes / No Circulate to Judges: Yes / No IN THE HIGH COURT OF SOUTH AFRICA (Northern Cape Division) Date heard: 2008-03-06 Date delivered: 2008-03-07 Case no:
More information1/?-l::11 1}~" =,-. In the matter between: IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) Case number: A736/2015.
,. IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) Case number: A736/2015 Date: 1 /;1 bt) 1 =,-. DELETE WHICHEVER IS NOT APPLICABLE (1) REPORTABLE: YES/ (2) OF INTEREST TO OTHERS JUDGES:
More informationIN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN. CASE NO: CA&R 187/2014 Date Heard: 11 March 2015 Date Delivered: 19 March 2015
IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO: CA&R 187/2014 Date Heard: 11 March 2015 Date Delivered: 19 March 2015 In the matter between MELISIZWE DYINI Appellant And THE
More informationm~frc[i 01' 'rhe CHH!F JOS'l1CE REJ>lJI.IUC ()f SOUTH AF.fd(:A In the High Court of South Africa (Western Cape Division, Cape Town}
m~frc[i 01' 'rhe CHH!F JOS'l1CE REJ>lJI.IUC ()f SOUTH AF.fd(:A In the High Court of South Africa (Western Cape Division, Cape Town} CASE NO: A200/17 In the matter between: HEADMAN NOGQALA APPELLANT and
More informationBENZILE McDONALD ZWANE B A I L A P P E A L J U D G M E N T. 1]The appellant applied for bail before the Magistrate, Port Elizabeth and his
IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE PORT ELIZABETH) In the matter between: Case No.: CA&R08/2011 Date heard: 12 May 2011 Date delivered: 17 May 2011 BENZILE McDONALD ZWANE Appellant and THE
More information1. This is a bail appeal in terms of Section 65 of the Criminal. 2. The Appellant, together with four (4) co-accused are standing trial in the
IN THE HIGH COURT OF SOUTH AFRICA SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT
More informationREPUBLIC OF SOUTH AFRICA IN THE SOUTH GAUTENG HIGH COURT (JOHANNESBURG)
REPUBLIC OF SOUTH AFRICA IN THE SOUTH GAUTENG HIGH COURT (JOHANNESBURG) CASE NO: A 100/2008 DATE:26/08/2011 REPORTABLE In the matter between LEPHOI MOREMOHOLO APPELLANT and THE STATE RESPONDENT Criminal
More informationIN THE HIGH COURT OF SOUTH AFRICA NORTH WEST DIVISION, MAHIKENG CRIMINAL APPEAL
IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST DIVISION, MAHIKENG CASE NO. CA 04/2014 In the matter between: BONGANI MKHIZE APPELLANT And THE STATE RESPONDENT LANDMAN J AND GUTTA J. CRIMINAL APPEAL GUTTA
More informationJUDGMENT. [1] This is an appeal in terms of section 65 of Act 51 of 1977 ( the Act ) against a
IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE, PORT ELIZABETH CASE NO.: CA&R14/10 In the matter between: BASHARAD ALI Appellant and THE STATE Respondent JUDGMENT GROGAN AJ: [1] This is an appeal in terms
More informationIN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST DIVISION, MAHIKENG)
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST DIVISION,
More informationd:p,- $: ~,Jo DATE IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA MANDLA SIBEKO THE STATE CASE NUMBER: A90/16 DA TE: 16 February 2018
IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA (1) REPORTABLE: Yi8'fNO (2) OF INTEREST TO OTHER JUDGES: Y~O (3) REVISED d:p,- $: ~,Jo DATE CASE NUMBER: A90/16 DA TE: 16 February 2018 MANDLA
More informationFREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA
FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA In the appeal between:- Appeal No. : A176/2008 BRAKIE SAMUEL MOLOI Appellant and THE STATE Respondent CORAM: EBRAHIM, J et LEKALE, AJ HEARD
More informationIN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION,
More informationJUDGMENT. Siyabonga Mooi Appellant. The State Respondent. Neutral citation: Mooi v The State (162/12) [2012] ZASCA 79 (30 May 2012)
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not Reportable Case No: 162/12 In the matter between: Siyabonga Mooi Appellant and The State Respondent Neutral citation: Mooi v The State (162/12)
More informationJUDGMENT. [1] In the Court a quo the appellant was refused bail by the Port Elizabeth
IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH Case no: CA&R15/2016 Date heard: 25 th January 2017 Date delivered: 2 nd February 2017 In the matter between: LUTHANDO MFINI
More informationTHE SUPREME COURT OF APPEAL REPUBLIC OF SOUTH AFRICA JUDGMENT. Neutral citation: Mathebula and The State (431/09) [2009] ZASCA 91 (11 September 2009)
THE SUPREME COURT OF APPEAL REPUBLIC OF SOUTH AFRICA JUDGMENT Case No: 431/2009 A S MATHEBULA Appellant and THE STATE Respondent Neutral citation: Mathebula and The State (431/09) [2009] ZASCA 91 (11 September
More informationIN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE DIVISION) CASE NO: CA and R 839/2002
1 IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE DIVISION) CASE NO: CA and R 839/2002 In the matter between: ZOLISEKILE BUSAKWE APPELLANT and THE STATE RESPONDENT JUDGMENT PLASKET AJ: [1] The appellant,
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter between: Reportable Case No 156/03 PETRUS LIEBENBERG Appellant and THE STATE Respondent Coram: FARLAM, JAFTA AND MLAMBO JJA Heard: 19 MAY 2005
More informationIN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG DIVISION)
IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG DIVISION) Appeal case A450/05 In the matter between: MNISI, MTHOBIAI CHARLES NDUBANE, SIBUSISO MAFIKA First Appellant Second Appellant and THE STATE Respondent
More informationADDIE NKOSINGIPHILE SHABANGU
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION,
More informationIN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION CASE NO. 33/07. In the matter between: AND CRIMINAL APPEAL MMABATHO
IN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION CASE NO. 33/07 In the matter between: MICHAEL MAKGALE APPELLANT AND THE STATE RESPONDENT CRIMINAL APPEAL MMABATHO GURA J, LEVER AJ.
More informationIN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG HIGH COURT)
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG
More informationIN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN
IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN Reportable: YES/NO Of Interest to other Judges: YES/NO Circulate to Magistrates: YES/NO Appeal No: A140/2015 In the matter between:-
More informationIN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST DIVISION, MAHIKENG)
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST DIVISION,
More informationVAN DER MERWE, J et MATSEPE, AJ
IN THE HIGH COURT OF SOUTH AFRICA (ORANGE FREE STATE PROVINCIAL DIVISION) In the appeal between: Appeal No.: A40/2005 SAMUEL TLADI Appellant and THE STATE Respondent CORAM: VAN DER MERWE, J et MATSEPE,
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT NOT REPORTABLE Case No: 100/13 In the matter between: GEOFFREY MARK STEYN Appellant and THE STATE Respondent Neutral citation: Geoffrey Mark Steyn v
More informationIN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO. CA & R 272/2016
IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO. CA & R 272/2016 In the matter between: SIZWE NDLANZI Appellant and THE STATE Respondent JUDGMENT Bloem J. [1] The main issue
More informationHOEXTER, PLEWMAN JJAet MELUNSKY AJA. Judgment delivered orally in open court on 3 November 1998 JUDGMENT
In the matter between THE SUPREME COURT OF APPE Case No: 666/96 LESEGO KGENGWE Appellant and THE STATE Respondent CORAM: HOEXTER, PLEWMAN JJAet MELUNSKY AJA DATE HEARD: 3 November 1998 DATE DELIVERED:
More informationIN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, GRAHAMSTOWN) CASE NO: CA&R 303/2009 DATE HEARD: 25/08/2010 DATE DELIVERED: 13/9/10 NOT REPORTABLE
1 IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, GRAHAMSTOWN) CASE NO: CA&R 303/2009 DATE HEARD: 25/08/2010 DATE DELIVERED: 13/9/10 NOT REPORTABLE In the matter between MZAMO NGCAWANA Appellant and THE
More informationJUDGMENT. [1] This is an appeal against sentence with the leave of the trial court. The
IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE DIVISION, GRAHAMSTOWN) CASE NO : CA&R 73/2016 Date heard : 27 July 2016 Date delivered : 27 July 2016 In the matter between : CARON TROSKIE Appellant and
More informationIN THE HIGH COURT OF SOUTH AFRICA (Witwatersrand Local Division)
IN THE HIGH COURT OF SOUTH AFRICA (Witwatersrand Local Division) Case No: A1197/2003 In the matter of the Appeal of: REMINGTON MUDAU Appellant and THE STATE Respondent JUDGMENT WILLIS J. The appellant
More informationTHE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG
THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NUMBER: A102/2014 DATE OF HEARING: 3 DECEMBER 2015 DATE OF JUDGMENT: 11 DECEMBER 2015 In the matter between: (1) REPORTABLE: YES
More informationCRIMINAL APPEAL NO. 227 OF COURT OF APPEAL OF TANZANIA AT ARUSHA- MROSO, J.A., KAJI, J.A. And RUTAKANGWA, J.A.
CRIMINAL APPEAL NO. 227 OF 2005- COURT OF APPEAL OF TANZANIA AT ARUSHA- MROSO, J.A., KAJI, J.A. And RUTAKANGWA, J.A. JOAKIM ANTHONY MASSAWE Vs. REPUBLIC (Appeal from the Judgment of the High Court of Tanzania
More informationIN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN TSHEDISO NICHOLAS NTSASA. VAN DER MERWE, J et MBHELE, AJ
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION,
More informationREPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK APPEAL JUDGMENT
REPUBLIC OF NAMIBIA NOT REPORTABLE HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK APPEAL JUDGMENT Case no: CA 123/2016 SAUL MBAISA APPELLANT versus THE STATE RESPONDENT Neutral citation: Mbaisa v S (CA
More informationIN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST HIGH COURT, MAFIKENG) CASE NO: CA186/04. In the matter between: and FULL BENCH APPEAL
In the matter between: IN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST HIGH COURT, MAFIKENG) CASE NO: CA186/04 NEO NGESI APPELLANT and THE STATE RESPONDENT FULL BENCH APPEAL MOGOENG JP; LANDMAN J & KGOELE
More informationIN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG HIGH COURT, PRETORIA)
IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG HIGH COURT, PRETORIA) UNREPORTABLE DATE: 29/05/2009 CASE NO: A440/2007 In the matter between: MARIA CATHARINA ALETTA SMIT Appellant And BENITA WILLERS Respondent
More informationFREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA. Case no: A119/12
FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA In a matter between: Case no: A119/12 FANA BEN MSIMANGA APPELLANT And THE STATE RESPONDENT CORAM: C.J. MUSI, J et DA ROCHA-BOLTNEY, AJ JUDGMENT
More informationIN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA)
1 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION,
More informationIN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA)
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION,
More informationIN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG
IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES / NO (3) REVISED DATE SIGNATURE CASE NUMBER : A337/2017 In the matter
More informationIN THE HIGH COURT OF SOUTH AFRICA (Northern Cape Division) JUDGMENT ON APPEAL
Reportable: Yes / No Circulate to Judges: Yes / No Circulate to Magistrates: Yes / No IN THE HIGH COURT OF SOUTH AFRICA (Northern Cape Division) Case no: CA&R 124/07 Date heard: 2008-09-08 Date delivered:
More informationIN THE NORTH WEST HIGH COURT, MAFIKENG CASE NO: CAF 7/10. TSHEPO BOSIELO Appellant
IN THE NORTH WEST HIGH COURT, MAFIKENG In the matter between:- CASE NO: CAF 7/10 TSHEPO BOSIELO Appellant ATANG BOSIELO First Second Appellant and THE STATE Respondent FULL BENCH APPEAL HENDRICKS J; LANDMAN
More informationIN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN. CASE NO: CA&R 205/2013 Date heard: 25 June 2014 Date delivered: 3 July 2014
IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO: CA&R 205/2013 Date heard: 25 June 2014 Date delivered: 3 July 2014 In the matter between LISA FAKU First Appellant LOYISO NGENDI
More informationIN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN
In the matter between: IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN Appeal No.: A269/2013 SIKHONYELA MOLEFE TERREANCE MOLOI SIPHO NKOSI First Appellant Second Appellant Third Appellant
More informationJUDGMENT. [1] The appellants appeared before the Regional Court Port Elizabeth where they were charged with :
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE
More informationIN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA
IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA ( 1) REPORTABLE: NO CASE NO: 552/2016 (2) OF INTEREST TO OTHER JUDGES: NO (3~,/ SIGNATURE In the matter between: WITNESS HOVE APPELLANT and
More informationIN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG HIGH COURT)
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG
More informationIN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION)
IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION) UNREPORTABLE In the matter between: Date: 2009-02-06 Case Number: A306/2007 AARON TSHOSANE Appellant and THE STATE Respondent JUDGMENT
More informationIN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION) GIDEON SIGASA NELANI BONGANI OWEN TSHABALALA THE STATE JUDGMENT
IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION) NOT REPORTABLE Date: 2008 04 25 Case Number: A245/07 In the matter between: GIDEON SIGASA NELANI BONGANI OWEN TSHABALALA First Appellant
More informationREPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG
REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: A399/2012 (1) REPORTABLE: YES (2) OF INTEREST TO OTHER JUDGES: NO (3) REVISED: YES _14 August 2014
More informationJUDGMENT DELIVERED ON 28 MAY 2014
Republic of South Africa IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) [REPORTABLE] CASE NO: A102/14 In the matter between: SHERABEEN FRANCIS Appellant and THE STATE Respondent JUDGMENT
More informationJUDGMENT CASE NO: A735/2005
1 IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) CASE NO: A73/0 DATE: OCTOBER 06 In the matter of: THE STATE versus 1. SITHEMBELE PLATI 2. TOFO HEBE J U D G M E N T KLOPPER,
More informationIN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, GRAHAMSTOWN) Case no: CA&R 206/2015 Date heard: 18 August 2015 Date delivered: 20 August 2015
1 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE,
More informationIN THE SUPREME COURT OF SOUTH AFRICA (CISKEI PROVINCIAL DIVISION) APPEAL. The Appellant was convicted in the Regional Court, Alice, on
IN THE SUPREME COURT OF SOUTH AFRICA (CISKEI PROVINCIAL DIVISION) CASE NO. C A & R 20/96 THANDO NCANA APPELLANT versus THE STATE RESPONDENT APPEAL EBRAHIM AJ: The Appellant was convicted in the Regional
More informationIN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN
IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN In the matter between: Appeal number: A242/2015 S.P. LETEANE Appellant and THE STATE Respondent HEARD ON: 29 FEBRUARY 2016 CORAM: MOCUMIE,
More informationH.C.Cr. Appeal No. 621 of 2001) ****************************** JUDGMENT OF THE COURT
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, GITHINJI & DEVERELL, JJ.A.) CRIMINAL APPEAL NO. 120 OF 2004 BETWEEN ALBANUS MWASIA MUTUA APPELLANT AND REPUBLIC... RESPONDENT (Appeal
More informationREPORTABLE IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA CASE NO. AR 414/2010 In the matter between:
1 REPORTABLE IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA CASE NO. AR 414/2010 In the matter between: THEKWINI SOLOMON MOTHA Appellant and THE STATE Respondent JUDGMENT GORVEN
More informationIN THE COURT OF APPEAL OF TANZANIA AT DODOMA. (CORAM: MUNUO, J.A., KAJI, J.A. And KIMARO, J.A.) CRIMINAL APPEAL NO. 215 OF 2004
Citation Parties Legal Principles Discussed JULIUS NDAHANI Vs. THE REPUBLIC-(Appeal from the judgment of the Resident Magistrate s Court E/J at Dodoma- Criminal Appeal No 25 of 2004-S.N. MAFURU,SRM E/J)
More informationIN THE HIGH COURT OF SOUTH AFRICA [WESTERN CAPE: HIGH COURT CAPE TOWN]
IN THE HIGH COURT OF SOUTH AFRICA [WESTERN CAPE: HIGH COURT CAPE TOWN] CASE NO: A288/2008 In the matter between: M. MINNIES First Appellant IEKERAAM HINI Second Appellant MARK J ADAMS Third Appellant LINFORD
More informationIN THE HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG BONGINKOSI GIFT KHANYILE JUDGMENT
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Not Reportable Case no: 439/2007 In the matter between: JEWELL CROSSBERG Appellant and THE STATE Respondent Coram: Navsa, Heher, Jafta, Ponnan JJA et Malan AJA
More informationIN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN BENJAMIN MOSOLOMI NSIKI
IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN In the appeal of: Appeal No.:A165/2014 BENJAMIN MOSOLOMI NSIKI Appellant and THE STATE Respondent CORAM: MOLEMELA, JP et MURRAY, AJ HEARD
More informationTHE SUPREME COURT OF APPEAL REPUBLIC OF SOUTH AFRICA JUDGMENT
THE SUPREME COURT OF APPEAL REPUBLIC OF SOUTH AFRICA JUDGMENT Reportable CASE NO: 494/07 In the matter between : LUVUYO MANELI Appellant and THE STATE Respondent Before: STREICHER, HEHER JJA & KGOMO AJA
More informationIN THE SUPREME COURT OF SOUTH AFRICA
IN THE SUPREME COURT OF SOUTH AFRICA (APPELLATE DIVISION) In the matter between: CLARENCE LUCKY PAYI Appellant AND THE STATE Respondent Coram: JOUBERT, TRENGOVE et JACOBS, JJ A Heard: 28 February 1986
More informationIN THE COURT OF APPEAL OF TANZANIA AT DODOMA. (CORAM: MUNUO, J.A., KAJI, J. A., And KIMARO, J. A.) CRIMINAL APPEAL NO.130 OF 2006
Citation Parties Legal Principles Discussed BAKARI OMARI@ The evidence which the trial LUPANDE Vs. THE court thought linked the REPUBLIC- (Appeal from appellant with the the judgment of the commission
More informationCOUNSEL FOR THE APPELLANT : Mr M.E SETUMU COUNSEL FOR RESPONDENT : ADV. NONTENJWA
. Reportable: Circulate to Judges: Circulate to Magistrates: Circulate to Regional Magistrates: YES / NO YES / NO YES / NO YES / NO SAFLII Note: Certain personal/private details of parties or witnesses
More informationIN THE HIGH COURT OF SOUTH AFRICA LIMPOPO HIGH COURT, THOHOYANDOU HELD AT THOHOYANDOU
IN THE HIGH COURT OF SOUTH AFRICA LIMPOPO HIGH COURT, THOHOYANDOU HELD AT THOHOYANDOU In the matter between: CASE NO: A15/2012 MPHO SIPHOLI MAKHIGI RAMULONDI KHUMBUDZO First Appellant Second Appellant
More informationThe appellant was convicted by the District Court of Monduli at. Monduli in absentia for the offence of unlawful possession of government
IN THE COURT OF APPEAL OF TANZANIA AT ARUSHA (CORAM: KIMARO,J.A., LUANDA,J.A., And MJASIRI,J.A.) CRIMINAL APPEAL NO.396 OF 2013 LONING O SANGAU.APPELLANT VERSUS THE REPUBLIC.RESPONDENT (Appeal from the
More informationJUDGMENT. appeal against our aforesaid order, to the Supreme Court of Appeal.
IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) CASE NO: ~/608/0& Division: Second Division Date: 5 September 2008 In the matter between: lzak JACOBUS NEL ENGELBRECHT Appellant
More informationIN THE COURT OF APPEAL OF BELIZE, A.D. 2006
IN THE COURT OF APPEAL OF BELIZE, A.D. 2006 CRIMINAL APPEAL NO. 5 OF 2006 BETWEEN: LAURIANO RAMIREZ Appellant AND THE QUEEN Respondent BEFORE: The Hon. Mr. Justice Mottley President The Hon. Mr. Justice
More informationIN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST DIVISION, MAHIKENG) TSUBUKWANE ELIAS MOTHWA
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST DIVISION,
More information[1] This appeal, which is against both the conviction and the sentence, is with leave of
P a g e 1 IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG, PRETORIA) CASE NO: A259/10 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED. 18/04/2013.. DATE... SIGNATURE In the
More informationIN THE HIGH COURT OF SOUTH AFRICA
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy In the matter between: IN THE HIGH COURT OF SOUTH
More informationBRAAMFONTEIN CASE NO: JS 274/01. THE DEPARTMENT OF CORRECTIONAL SERVICES Respondent J U D G M E N T
Sneller Verbatim/MLS IN THE LABOUR COURT OF SOUTH AFRICA BRAAMFONTEIN CASE NO: JS 274/01 2003-03-24 In the matter between M KOAI Applicant and THE DEPARTMENT OF CORRECTIONAL SERVICES Respondent J U D G
More informationIN THE COURT OF APPEAL OF TANZANIA AT ARUSHA
CRIMINAL APPEAL NO. 103 OF 2006- COURT OF APPEAL OF TANZANIA AT ARUSHA- RAMADHANI, C.J., MROSO, J.A. And, KAJI J.A. NYEKA KOU Vs. REPUBLIC (Appeal from the Decision of the High Court of Tanzania at Arusha)-
More informationFREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA. LEKALE, J et DA ROCHA-BOLTNEY, AJ JUDGMENT
FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA In the appeal between:- Appeal No. : A297/11 BUSANI JOHANNES LOUW Appellant and THE STATE Respondent CORAM: LEKALE, J et DA ROCHA-BOLTNEY, AJ
More informationIN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, PRETORIA
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL
More informationIN THE COURT OF APPEAL OF NEW ZEALAND CA305/2008 [2008] NZCA 415 THE QUEEN ALISTAIR MARK STUART LYON. Robertson, Cooper and Winkelmann JJ
IN THE COURT OF APPEAL OF NEW ZEALAND CA305/2008 [2008] NZCA 415 THE QUEEN v ALISTAIR MARK STUART LYON Hearing: 20 August 2008 Court: Counsel: Judgment: Robertson, Cooper and Winkelmann JJ Appellant in
More informationThis is a second appeal by ALFRED WILLIAM NYAMHANGA seeking to. overturn his conviction and sentence for armed robbery contrary to
IN THE COURT OF APPEAL OF TANZANIA AT MWANZA (CORAM: MSOFFE, l.a., KIMARO, l.a., And luma, l.a.) CRIMINAL APPEAL NO. 237 OF 2011 ALFRED WILLIAM NYAMHANGA...... APPELLANT VERSUS THE REPUBLIC.............
More informationIN THE SOUTH GAUTENG HIGH COURT JOHANNESBURG
REPUBLIC OF SOUTH AFRICA IN THE SOUTH GAUTENG HIGH COURT JOHANNESBURG (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED. CASE NO: P143/09 DPP REF NO: JAP 2013/65.. DATE... SIGNATURE
More informationIN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN. CASE NO: CA&R 361/2014 Date heard: 5 August 2015 Date delivered: 13 August 2015
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION,
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT. Vincent Olebogang Magano and
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT In the matter between: Case no: 849/12 Not reportable Vincent Olebogang Magano and The State Appellant Respondent Neutral citation: Magano v S (849/12)[2013]
More informationIN THE NORTH GAUTENG HIGH COURT, PRETORIA (REPUBLIC OF SOUTH AFRICA) W[...] V[...]...Appellant. THE STATE...Respondent JUDGMENT
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE NORTH GAUTENG HIGH COURT, PRETORIA (REPUBLIC
More informationIN THE HIGH COURT OF SOUTH AFRICA NATAL PROVINCIAL DIVISION AR 274/05 NKOSINATHI ELIJAH MAPHUMULO REASONS FOR JUDGMENT
IN THE HIGH COURT OF SOUTH AFRICA REPORTABLE NATAL PROVINCIAL DIVISION AR 274/05 In the matter between: NKOSINATHI ELIJAH MAPHUMULO Appellant and THE STATE Respondent REASONS FOR JUDGMENT Hurt J On 6 December
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA MEDIA SUMMARY OF JUDGMENT DELIVERED IN THE SUPREME COURT OF APPEAL FROM The Registrar, Supreme Court of Appeal DATE 29 September 2015 STATUS Immediate Negondeni
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not reportable Case No: 640/16 In the matter between: SYDWELL LANGA APPELLANT and THE STATE RESPONDENT Neutral citation: Langa v The State (640/16)
More informationIN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA)
1 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION,
More informationIN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION)
IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) CASE NO.: CA 85/05 In the matter between: JOEL LATHA APPELLANT AND THE STATE RESPONDENT CRIMINAL APPEAL HENDRICKS J & LANDMAN J JUDGMENT
More informationSUPREME COURT NGULUBE, D.C.J., GARDNER AND MUWO, J.J.S. 14TH SEPTEMBER AND 5TH OCTOBER,1982 (S.C.Z. JUDGMENT NO.28 OF 1982) APPEAL NO.
THE PEOPLE (1982) Z.R. 115 (S.C.) SUPREME COURT NGULUBE, D.C.J., GARDNER AND MUWO, J.J.S. 14TH SEPTEMBER AND 5TH OCTOBER,1982 (S.C.Z. JUDGMENT NO.28 OF 1982) APPEAL NO.72 OF 1982 Flynote Criminal law and
More informationIN THE HIGH COURT OF SOUTH AFRICA CASE NUMBER: A145/2008 NOT REPORTABLE DATE: 11 DECEMBER In the matter between AND JUDGMENT TLHAPI, V
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA CASE NUMBER: A145/2008
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Case No: 300/2013 Not reportable In the matter between: LEEROY BENSON Appellant and THE STATE Respondent Neutral citation: Benson v the State (300/13)
More informationSUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT
SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not Reportable Case No: 230/2015 In the appeal between: ELPHAS ELVIS LUBISI First Appellant and THE STATE Respondent Neutral citation: Lubisi v The State
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT MUGWEDI MAKONDELELE JONATHAN
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Case No: 694/13 In the matter between Not Reportable MUGWEDI MAKONDELELE JONATHAN APPELLANT and THE STATE RESPONDENT Neutral citation: Mugwedi v The
More informationMARK JOHN LA BERCENSIE
1 IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, GRAHAMSTOWN) Case No: CC 23/2008 Date heard: 30.8.2010 Date delivered:22.9.10 Not reportable In the matter between: MARK JOHN LA BERCENSIE Appellant and
More information