Ndebele and Others v S (Leave to Appeal) (CC71/2020) [2024] ZAGPPHC 246 (21 February 2024)

Ndebele and Others v S (Leave to Appeal) (CC71/2020) [2024] ZAGPPHC 246 (21 February 2024)

The court found that none of the applicants demonstrated reasonable prospects of success on appeal. For accused 1, the grounds raised were either contradictory or unsupported by the facts and law, and the prescribed sentences were imposed after proper consideration of personal circumstances and time spent in custody. For accused 2, the evidence established his participation in the planning and execution of the murder, and his actions constituted common purpose. For accused 3, the evidence showed his involvement in facilitating the crime, including arranging the firearm, transporting the perpetrators, and paying for the firearm, which established common purpose liability. The court held...

Citation
[2024] ZAGPPHC 246
Parties
Applicant: Merriod Ndebele; Applicant: Tshepo Mokwena; Applicant: Piet Monyai; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 February 2024
Case Number
CC71/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction And/or Sentence Following Judgment Delivered on 31 January 2024.
Outcome
Leave to appeal is refused for all applicants on all grounds.
Judges
PD. Phahlane
Legal Topics
Leave to Appeal Threshold, Sentencing Discretion, Common Purpose Liability, Substantial and Compelling Circumstances, Concurrent Sentences, Minimum Sentencing Legislation
Criminal Law Civil Procedure Leave to Appeal Threshold Sentencing Discretion Common Purpose Liability Substantial and Compelling Circumstances Concurrent Sentences Minimum Sentencing Legislation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 20 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Merriod Ndebele

Applicant

Tshepo Mokwena

Applicant

Piet Monyai

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Conviction And/or Sentence Following Judgment Delivered on 31 January 2024.

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success on appeal against conviction and/or sentence.
  2. 2 Whether the trial court erred in not ordering sentences to run concurrently.
  3. 3 Whether the trial court misdirected itself regarding the personal circumstances and prospects of rehabilitation of the applicants.

Ratio Decidendi

The court found that none of the applicants demonstrated reasonable prospects of success on appeal. For accused 1, the grounds raised were either contradictory or unsupported by the facts and law, and the prescribed sentences were imposed after proper consideration of personal circumstances and time spent in custody. For accused 2, the evidence established his participation in the planning and execution of the murder, and his actions constituted common purpose. For accused 3, the evidence showed his involvement in facilitating the crime, including arranging the firearm, transporting the perpetrators, and paying for the firearm, which established common purpose liability. The court held...

Court Disposition

Leave to appeal is refused for all applicants on all grounds.

Orders

  • The application for leave to appeal on behalf of accused 1 in respect of sentence is refused.
  • The application for leave to appeal on behalf of accused 2 in respect of the murder conviction and on sentence is refused.