Madiga v S (P06/2023) [2024] ZALMPPHC 18 (5 March 2024)
- Citation
- [2024] ZALMPPHC 18
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Limpopo High Court, Polokwane
- Panel
- Kganyago, Semenya
- Case number
- P06/2023
More details
- Court
- Limpopo High Court, Polokwane
- Panel
- Kganyago, Semenya
- Case number
- P06/2023
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found, after considering the record and submissions, that there are no reasonable prospects of success in an appeal against either conviction or sentence. Accordingly, the petition for leave to appeal is dismissed.
Court disposition
Petition for leave to appeal dismissed.
Orders
- The petition for leave to appeal against both conviction and sentence is dismissed on the grounds that there are no reasonable prospects of success in the appeal.
02
Material facts
Parties
Vincent Madiga
ApplicantThe State
Respondent03
Procedural history
Posture
Leave to Appeal / Petition for Leave to Appeal
04
Questions and positions
Legal issues
Whether there are reasonable prospects of success on appeal against conviction and sentence.
Party arguments
- Applicant
- The applicant sought leave to appeal both conviction and sentence, contending that the trial court erred and that there are reasonable prospects of success on appeal.
- Respondent
- The respondent opposed the petition, arguing that the conviction and sentence were justified and that there are no reasonable prospects of success on appeal.
05
Court’s reasoning
Legal principles
- 01
S v Smith 2012 (1) SACR 567 (SCA)
Leave to appeal will only be granted if there are reasonable prospects that another court may come to a different conclusion.
06
Ratio, limits and disposition
Ratio decidendi
The court found, after considering the record and submissions, that there are no reasonable prospects of success in an appeal against either conviction or sentence. Accordingly, the petition for leave to appeal is dismissed.
Court disposition
Petition for leave to appeal dismissed.
- The petition for leave to appeal against both conviction and sentence is dismissed on the grounds that there are no reasonable prospects of success in the appeal.
Source and reliance status
Limpopo High Court, Polokwane
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Limpopo High Court, Polokwane
Order
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
LIMPOPO DIVISION, POLOKWANE
PETITION NO: P06/2023
REPORTABLE
OF INTEREST
TO TOHER JUDGES
REVISED
DATE: 05/03/2024
BEFORE
HONOURABLE JUSTICES SEMENYA DJP AND KGANYAGO J
In the matter between:
VINCENT
MADIGA
PETITIONER
AND
THE
STATE
RESPONDENT
PETITION
ORDER
Kganyago J
(1] Having read the record of the proceedings, all documents filed and the petition itself, I come to the following conclusion:
(a) The petition for leave to appeal against both conviction and sentence is dismissed on the grounds that there are no reasonable prospects of success in the appeal.
KGANYAGO J
JUDGE OF THE HIGH COURT OF SOUTH AFRICA,
LIMPOPO DIVISION,
POLOKWANE
I
AGREE
SEMENYA DJP
LIMPOPO DIVISION, POLOKWANE
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