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South Africa Judgment

North West High Court, Mafikeng

Moncho v S (CC246/2005) [2016] ZANWHC 47 (4 August 2016)

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Research organized from the available case record

Source document

01

Holding and result

The court found that although the delay in filing the application for leave to appeal was explained, there were no reasonable prospects that another court would reach a different conclusion regarding the sentence of life imprisonment. Consequently, condonation for the late filing was refused and the application for leave to appeal was dismissed.

Court disposition

Application for condonation and leave to appeal is refused.

Orders

  • The application for condonation is refused.
  • Leave to appeal against the sentence of life imprisonment is refused.

02

Material facts

Parties

Simon Lentikile Moncho

Applicant Counsel: Adv Gonyane

The State

Respondent Counsel: Adv Zondo

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Against Sentence

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant explained the delay in filing for leave to appeal and sought condonation, arguing that there are reasonable prospects of success on appeal against the sentence of life imprisonment.
Respondent
The respondent opposed the application, contending that there are no reasonable prospects that another court would reach a different conclusion and that condonation should not be granted.

05

Court’s reasoning

  1. 01

    S v Mathebula 2012 (1) SACR 374 (SCA)

    Condonation for late filing of an application for leave to appeal may be granted if the delay is explained and there are reasonable prospects of success.

  2. 02

    S v Smith 2012 (1) SACR 567 (SCA)

    An appeal will only be entertained if there is a reasonable prospect that another court may come to a different conclusion.

06

Ratio, limits and disposition

Ratio decidendi

The court found that although the delay in filing the application for leave to appeal was explained, there were no reasonable prospects that another court would reach a different conclusion regarding the sentence of life imprisonment. Consequently, condonation for the late filing was refused and the application for leave to appeal was dismissed.

Court disposition

Application for condonation and leave to appeal is refused.

  • The application for condonation is refused.
  • Leave to appeal against the sentence of life imprisonment is refused.

Source and reliance status

North West High Court, Mafikeng

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Judgment text

The complete available source text.

Source document

North West High Court, Mafikeng

Judgment

[2016] ZANWHC 47

IN

THE HIGH COURT OF SOUTH AFRICA

NORTH WEST PROVINCIAL DIVISION, MAHIKENG

CASE NO: CC 246/2005

In the matter between:

SIMON

LENTIKILE MONCHO

APPLICANT

and

THE

STATE

RESPONDENT

JUDGMENT

ON LEAVE TO APPEAL

Landman J:

[1] Simon Lentikile Moncho applies for leave to appeal to the Full Bench of this Division against the sentence of life imprisonment that I imposed on 12 December 2005.

[2] The application is out of time. The delay has been explained. I would be prepared to grant condonation depending on whether there is merit in the application.

[3] I turn to consider whether there are reasonable prospects that an appeal would be successful. I am of the view that another court would not reasonably come to a different conclusion.

[4] It follows that the application for condonation is refused.

A A Landman

Judge of the High Court

Appearances

Date of hearing:

29 July 2016

Date of Judgment:

4 August 2016

For the Applicant:

Adv Gonyane

For the Respondent: Adv Zondo

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

S v Mathebula 2012 (1) SACR 374 (SCA)

Case cited

S v Smith 2012 (1) SACR 567 (SCA)

Case cited

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