Mathekola v S (487/2016) [2017] ZASCA 100 (21 August 2017)

Mathekola v S (487/2016) [2017] ZASCA 100 (21 August 2017)

The court found that exceptional circumstances existed because the applicant's co-accused had been granted leave to appeal and succeeded in overturning the kidnapping convictions on the basis that they constituted a duplication of the robbery convictions. The applicant's prospects of success on appeal were therefore strong, as there was already a full court decision in his favour. Refusing the applicant leave to appeal would be unjust and contrary to the interests of justice. Accordingly, the order dismissing the applicant's petition for leave to appeal was varied to grant him leave to appeal to the Gauteng Division of the High Court, Pretoria, against conviction and sentence in respect...

Citation
[2017] ZASCA 100
Parties
Applicant: James Sello Mathekola; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 August 2017
Case Number
487/2016
Procedural Posture
Leave to Appeal / Application for Reconsideration of Refusal of Petition for Leave to Appeal
Outcome
Application for reconsideration succeeds; leave to appeal granted to the Gauteng Division of the High Court, Pretoria, against conviction and sentence in respect of counts 2, 4, 6 and 8.
Judges
Lewis, Mathopo, Plasket, Tsoka, Schippers
Legal Topics
Leave to Appeal, Duplication of Convictions, Prospects of Success, Superior Courts Act, Kidnapping, Robbery With Aggravating Circumstances
Criminal Law Civil Procedure Leave to Appeal Duplication of Convictions Prospects of Success Superior Courts Act Kidnapping Robbery With Aggravating Circumstances

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Parties

James Sello Mathekola

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Reconsideration of Refusal of Petition for Leave to Appeal

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify reconsideration of the refusal of leave to appeal.
  2. 2 Whether the applicant's convictions for kidnapping constitute a duplication of convictions in light of the robbery charges.
  3. 3 Whether the applicant has realistic prospects of success on appeal given the outcome of his co-accused's appeal.

Ratio Decidendi

The court found that exceptional circumstances existed because the applicant's co-accused had been granted leave to appeal and succeeded in overturning the kidnapping convictions on the basis that they constituted a duplication of the robbery convictions. The applicant's prospects of success on appeal were therefore strong, as there was already a full court decision in his favour. Refusing the applicant leave to appeal would be unjust and contrary to the interests of justice. Accordingly, the order dismissing the applicant's petition for leave to appeal was varied to grant him leave to appeal to the Gauteng Division of the High Court, Pretoria, against conviction and sentence in respect...

Court Disposition

Application for reconsideration succeeds; leave to appeal granted to the Gauteng Division of the High Court, Pretoria, against conviction and sentence in respect of counts 2, 4, 6 and 8.

Orders

  • The application for reconsideration succeeds.
  • The order dismissing the applicant’s petition for leave to appeal is varied to read: 'The applicant is granted leave to appeal to the Gauteng Division of the High Court, Pretoria against conviction and sentence in respect of counts 2, 4, 6 and 8.'