Bhima v State (33643.2016) [2016] ZAGPPHC 419 (26 May 2016)

Bhima v State (33643.2016) [2016] ZAGPPHC 419 (26 May 2016)

The court found that, although the reasons for the original judgment were based on credibility and probability findings, there are reasonable prospects that another court may evaluate the probabilities differently and possibly find in favour of the applicant. Therefore, leave to appeal is granted to the applicant on the ground argued before the court.

Citation
[2016] ZAGPPHC 419
Parties
Applicant: Jatheen Shima; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 May 2016
Case Number
33643/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Trial Judgment
Outcome
Leave to appeal granted to the Full Court of the Division on the ground argued.
Judges
E.M. Kubushi
Legal Topics
Leave to Appeal, Absolution From the Instance, Unlawful Assault, Credibility Findings
Civil Procedure Delict Leave to Appeal Absolution From the Instance Unlawful Assault Credibility Findings

Case Brief

Summary, issues, holding and outcome

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Parties

Jatheen Shima

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Trial Judgment

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal regarding the finding that he was not assaulted by SAPS members.
  2. 2 Whether leave to appeal should be granted based on the credibility and probability findings made by the trial court.

Ratio Decidendi

The court found that, although the reasons for the original judgment were based on credibility and probability findings, there are reasonable prospects that another court may evaluate the probabilities differently and possibly find in favour of the applicant. Therefore, leave to appeal is granted to the applicant on the ground argued before the court.

Court Disposition

Leave to appeal granted to the Full Court of the Division on the ground argued.

Orders

  • Condonation for late filing of the application for leave to appeal is granted.
  • Leave to appeal is granted to the applicant to the Full Court of this Division on the ground of appeal argued before the court.