S v Mohlathe (230/99) [2000] ZASCA 183 (29 September 2000)

S v Mohlathe (230/99) [2000] ZASCA 183 (29 September 2000)

The Supreme Court of Appeal found that the appellant and his family had taken all reasonable steps to prosecute the appeal and that the late filing of heads of argument was solely due to the fault of the former advocate, K. The evidence sought to be admitted was sufficient to tip the scales in favour of the appellant, warranting condonation for the late filing in respect of count 3. However, the evidence against the appellant on count 4 was overwhelming, and there were no reasonable prospects of success on appeal regarding that conviction or sentence. The identification parade in relation to count 3 was unsatisfactory, with significant discrepancies in the age and appearance of...

Citation
[2000] ZASCA 183
Parties
Appellant: D Mohlathe; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 2000
Case Number
230/99
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Condonation for Late Filing of Heads of Argument; Application to Admit Further Evidence; Assessment of Prospects of Success on Appeal
Outcome
Condonation for the late filing of heads of argument is granted in respect of count 3; refused in respect of count 4. Further evidence is admitted. The matter is referred back for adjudication of the appeal against conviction on count 3.
Judges
F H Grosskopf, Scott, Plewman
Legal Topics
Condonation for Late Filing, Admission of Further Evidence, Identification Parade, Robbery, Prospects of Success
Criminal Law Civil Procedure Condonation for Late Filing Admission of Further Evidence Identification Parade Robbery Prospects of Success

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Parties

D Mohlathe

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Condonation for Late Filing of Heads of Argument; Application to Admit Further Evidence; Assessment of Prospects of Success on Appeal

Legal Issues

  1. 1 Whether further evidence should be admitted on appeal regarding the late filing of heads of argument.
  2. 2 Whether condonation for the late filing of heads of argument should be granted.
  3. 3 Whether the appellant has reasonable prospects of success on appeal against conviction and sentence on counts 3 and 4.

Ratio Decidendi

The Supreme Court of Appeal found that the appellant and his family had taken all reasonable steps to prosecute the appeal and that the late filing of heads of argument was solely due to the fault of the former advocate, K. The evidence sought to be admitted was sufficient to tip the scales in favour of the appellant, warranting condonation for the late filing in respect of count 3. However, the evidence against the appellant on count 4 was overwhelming, and there were no reasonable prospects of success on appeal regarding that conviction or sentence. The identification parade in relation to count 3 was unsatisfactory, with significant discrepancies in the age and appearance of...

Court Disposition

Condonation for the late filing of heads of argument is granted in respect of count 3; refused in respect of count 4. Further evidence is admitted. The matter is referred back for adjudication of the appeal against conviction on count 3.

Orders

  • The application to admit further evidence in terms of section 22 of the Supreme Court Act 59 of 1959 is granted.
  • Condonation for the late filing of heads of argument in relation to the appeal against conviction on count 3 is granted.