Matube v S (Leave to Appeal) (CC76/2016) [2024] ZAGPPHC 1110 (18 October 2024)

Matube v S (Leave to Appeal) (CC76/2016) [2024] ZAGPPHC 1110 (18 October 2024)

The court found that the murders were premeditated and that no substantial or compelling circumstances existed to justify deviation from the minimum prescribed sentence of life imprisonment. The applicant showed no remorse and pleaded not guilty to the murder and attempted murder charges. Upon examination of the facts and law, the court concluded that there is no sound or rational basis to find that the appeal would have a reasonable prospect of success. Accordingly, condonation for late filing was granted, but leave to appeal against sentence was dismissed.

Citation
[2024] ZAGPPHC 1110
Parties
Applicant: Tladinyana Jacob Matube; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 October 2024
Case Number
CC76/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal against sentence dismissed.
Judges
Strijdom
Legal Topics
Leave to Appeal, Minimum Sentences, Premeditated Murder, Condonation, Prospects of Success
Criminal Law Leave to Appeal Minimum Sentences Premeditated Murder Condonation Prospects of Success

Case Brief

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Parties

Tladinyana Jacob Matube

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether condonation for late filing of the application for leave to appeal should be granted.
  2. 2 Whether the applicant has demonstrated reasonable prospects of success on appeal against sentence.
  3. 3 Whether there are substantial or compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment for premeditated murder.

Ratio Decidendi

The court found that the murders were premeditated and that no substantial or compelling circumstances existed to justify deviation from the minimum prescribed sentence of life imprisonment. The applicant showed no remorse and pleaded not guilty to the murder and attempted murder charges. Upon examination of the facts and law, the court concluded that there is no sound or rational basis to find that the appeal would have a reasonable prospect of success. Accordingly, condonation for late filing was granted, but leave to appeal against sentence was dismissed.

Court Disposition

Application for leave to appeal against sentence dismissed.

Orders

  • Condonation for late filing of the application for leave to appeal is granted.
  • The application for leave to appeal against sentence is dismissed.