Ngakantsi v S (1020/2020) [2020] ZASCA 94 (19 August 2020)

Ngakantsi v S (1020/2020) [2020] ZASCA 94 (19 August 2020)

The Supreme Court of Appeal found that, based on the medical evidence and the circumstances surrounding the appellant's failure to appear, there are reasonable prospects that a court on appeal could find his absence was not due to fault on his part. Furthermore, the fines imposed for the contraventions of s 72(2) of the Criminal Procedure Act appear to exceed the statutory maximum. Regarding the corruption conviction, the appellant was a first offender, the amount involved was not substantial, and he remained employed by SAPS. These factors provide reasonable prospects that an appellate court may alter the sentence or impose a different form of punishment. Therefore, the high court should...

Citation
[2020] ZASCA 94
Parties
Appellant: Kedumetse Macwilliam Ngakantsi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
19 August 2020
Case Number
1020/2020
Procedural Posture
Leave to Appeal / Appeal Against Refusal of Petition for Leave to Appeal
Outcome
Appeal upheld; order of high court refusing leave to appeal set aside; appellant granted leave to appeal to the full court of the North West Division of the High Court.
Judges
Ponnan, Schippers, Ledwaba
Legal Topics
Leave to Appeal, Failure to Appear, Sentencing Discretion, Corruption, Criminal Procedure Act, Prevention and Combating of Corrupt Activities Act
Criminal Law Civil Procedure Leave to Appeal Failure to Appear Sentencing Discretion Corruption Criminal Procedure Act Prevention and Combating of Corrupt Activities Act

Case Brief

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Parties

Kedumetse Macwilliam Ngakantsi

Appellant

The State

Respondent

Procedural Posture

Leave to Appeal / Appeal Against Refusal of Petition for Leave to Appeal

Legal Issues

  1. 1 Whether the high court erred in refusing the appellant's petition for leave to appeal against conviction and sentence.
  2. 2 Whether there are reasonable prospects of success in an appeal regarding the convictions for failure to appear and the sentences imposed.
  3. 3 Whether the sentence for contravention of s 4(1) of the Prevention and Combating of Corrupt Activities Act was appropriate.

Ratio Decidendi

The Supreme Court of Appeal found that, based on the medical evidence and the circumstances surrounding the appellant's failure to appear, there are reasonable prospects that a court on appeal could find his absence was not due to fault on his part. Furthermore, the fines imposed for the contraventions of s 72(2) of the Criminal Procedure Act appear to exceed the statutory maximum. Regarding the corruption conviction, the appellant was a first offender, the amount involved was not substantial, and he remained employed by SAPS. These factors provide reasonable prospects that an appellate court may alter the sentence or impose a different form of punishment. Therefore, the high court should...

Court Disposition

Appeal upheld; order of high court refusing leave to appeal set aside; appellant granted leave to appeal to the full court of the North West Division of the High Court.

Orders

  • The appeal is upheld.
  • The order of the high court refusing the appellant leave to appeal in terms of s 309C of the Criminal Procedure Act 51 of 1977 is set aside.