Nene and Others v S (A129/2010) [2010] ZAGPJHC 147 (23 November 2010)

Nene and Others v S (A129/2010) [2010] ZAGPJHC 147 (23 November 2010)

The court found that the applications for reinstatement of the appeals by Godfrey Nene and Amos Shange did not set out any reasonable prospects of success, and even if this omission were overlooked, the merits of their appeals were without substance. The evidence against them was overwhelming, with firearms and ammunition found concealed in the house occupied by Nene, and neither appellant provided credible testimony or mitigation. The appeals against sentence by the remaining appellants were also dismissed, as the sentences imposed were already lenient in light of the seriousness of the offences and the statutory minimum sentences. The magistrate had properly considered the personal...

Citation
[2010] ZAGPJHC 147
Parties
Appellant: Themba Godfrey Nene; Appellant: Amos Shange; Appellant: Bongani Makhoba; Appellant: Sylvester Mosetsi; Appellant: Livingstone Mncube; Appellant: Stephen Ramagaga; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 November 2010
Case Number
A129/2010
Procedural Posture
Criminal Appeal / Application for Reinstatement of Appeal and Appeal Against Sentence
Outcome
Applications for reinstatement of appeals by Godfrey Nene and Amos Shange dismissed; appeals against sentence by Bongani Makhoba, Sylvester Mosetsi, Livingstone Mncube and Stephen Ramagaga dismissed.
Judges
Willis, Hoffman
Legal Topics
Unlawful Possession of Firearms, Unlawful Possession of Ammunition, Minimum Sentencing, Appeal Reinstatement, Mitigation of Sentence
Criminal Law Unlawful Possession of Firearms Unlawful Possession of Ammunition Minimum Sentencing Appeal Reinstatement Mitigation of Sentence

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Themba Godfrey Nene

Appellant

Amos Shange

Appellant

Bongani Makhoba

Appellant

Sylvester Mosetsi

Appellant

Livingstone Mncube

Appellant

Stephen Ramagaga

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Reinstatement of Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether the applications for reinstatement of the appeals of Godfrey Nene and Amos Shange should be granted.
  2. 2 Whether the appeals against sentence by Bongani Makhoba, Sylvester Mosetsi, Livingstone Mncube and Stephen Ramagaga should succeed.
  3. 3 Whether the sentences imposed were appropriate given the seriousness of the offences and the circumstances of the appellants.

Ratio Decidendi

The court found that the applications for reinstatement of the appeals by Godfrey Nene and Amos Shange did not set out any reasonable prospects of success, and even if this omission were overlooked, the merits of their appeals were without substance. The evidence against them was overwhelming, with firearms and ammunition found concealed in the house occupied by Nene, and neither appellant provided credible testimony or mitigation. The appeals against sentence by the remaining appellants were also dismissed, as the sentences imposed were already lenient in light of the seriousness of the offences and the statutory minimum sentences. The magistrate had properly considered the personal...

Court Disposition

Applications for reinstatement of appeals by Godfrey Nene and Amos Shange dismissed; appeals against sentence by Bongani Makhoba, Sylvester Mosetsi, Livingstone Mncube and Stephen Ramagaga dismissed.

Orders

  • The applications for the appeals of Godfrey Nene and Amos Shange to be reinstated are dismissed.
  • The appeals of Bongani Makhoba, Sylvester Mosetsi, Livingstone Mncube and Stephen Ramagaga against sentence are dismissed.