Lebese and Others v S (CC51/2009) [2016] ZANWHC 59 (1 September 2016)

Lebese and Others v S (CC51/2009) [2016] ZANWHC 59 (1 September 2016)

The court found that, in light of the successful appeals by similarly implicated co-accused and the concession by the respondent, there are reasonable prospects of success on appeal for the applicants regarding both conviction and sentence. The same evidence was used against all accused, and the Full Bench had previously set aside murder convictions and replaced them with culpable homicide for the co-accused. The requirements for condonation and leave to appeal were met, as the prospects of success were not remote but realistic.

Citation
[2016] ZANWHC 59
Parties
Applicant: Vincent Lebese; Applicant: Gilbert Lebese; Applicant: Samson Maruna; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
1 September 2016
Case Number
CC51/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Condonation granted for late filing; leave to appeal granted to the Full Bench against convictions and sentences.
Judges
R D Hendricks
Legal Topics
Leave to Appeal, Murder Conviction, Culpable Homicide, Condonation, Prospects of Success
Criminal Law Leave to Appeal Murder Conviction Culpable Homicide Condonation Prospects of Success

Case Brief

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Parties

Vincent Lebese

Applicant

Gilbert Lebese

Applicant

Samson Maruna

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of applications for leave to appeal.
  2. 2 Whether there are reasonable prospects of success on appeal against the convictions and sentences for murder.

Ratio Decidendi

The court found that, in light of the successful appeals by similarly implicated co-accused and the concession by the respondent, there are reasonable prospects of success on appeal for the applicants regarding both conviction and sentence. The same evidence was used against all accused, and the Full Bench had previously set aside murder convictions and replaced them with culpable homicide for the co-accused. The requirements for condonation and leave to appeal were met, as the prospects of success were not remote but realistic.

Court Disposition

Condonation granted for late filing; leave to appeal granted to the Full Bench against convictions and sentences.

Orders

  • Condonation is granted for the late noting and prosecution of the applications for leave to appeal.
  • Leave to appeal is granted to the Full Bench of the High Court, North West Division, Mahikeng against the convictions and the sentences.