Nduwyumu v S (A487/2010) [2011] ZAWCHC 350 (3 June 2011)

The court was unable to reach a unanimous decision on the appeal. In accordance with established practice, the matter is referred to a Full Bench of the division for determination. The Judge President is tasked with allocating a suitable date for the hearing before the Full Bench.

Citation: [2011] ZAWCHC 350
Parties: Appellant: Abraham Johannes Nduwyumu; Respondent: The State
Court: Western Cape High Court, Cape Town
Jurisdiction: South Africa
Judgment Date: 3 June 2011
Case Number: A487/2010
Procedural Posture: Criminal Appeal / Appeal Before Division; Referred to Full Bench Due to Lack of Unanimity
Outcome: The matter is referred to a Full Bench of the division for determination.
Judges: Goliath, Van Staden
Legal Topics: Appeal Procedure, Full Bench Referral

Criminal Law Appeal Procedure Full Bench Referral

Case Brief

Summary, issues, holding and outcome

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Parties

Abraham Johannes Nduwyumu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Before Division; Referred to Full Bench Due to Lack of Unanimity

Legal Issues

1 Whether the appeal can be decided by the present bench without unanimity.
2 Whether the matter should be referred to a Full Bench for determination.

Ratio Decidendi

Court Disposition

The matter is referred to a Full Bench of the division for determination.

Orders

The matter is referred to the office of the Judge President for the allocation of a suitable date for a Full Bench to entertain this matter.