S v Mthembu and Others (SS118/08) [2010] ZAWCHC 408 (25 May 2010)
The court found that, although it and its assessor considered the safeguards for relying on the accomplice's evidence sufficient, there remains a reasonable possibility that another court may reach a different conclusion regarding the convictions. Therefore, leave to appeal against all convictions is granted to all...
Source-derived case information.
- Citation
- [2010] ZAWCHC 408
- Parties
- Respondent: The State; Appellant: Lucky Mthembu; Appellant: Mninawa Phela; Appellant: Phumele Rinkie Vaaiboom; Appellant: Chumani Sibanda
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Case Number
- SS118/08
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Conviction
- Outcome
- Leave to appeal against all convictions is granted to all four applicants.
- Judges
- Motala
- Legal Topics
- Accomplice Evidence, Leave to Appeal, Conviction Review
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The State
Respondent
Lucky Mthembu
Appellant
Mninawa Phela
Appellant
Phumele Rinkie Vaaiboom
Appellant
Chumani Sibanda
Appellant
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the convictions based on accomplice evidence.
- 2 Whether the safeguards applied to the accomplice's evidence were sufficient to justify conviction.
Ratio Decidendi
The court found that, although it and its assessor considered the safeguards for relying on the accomplice's evidence sufficient, there remains a reasonable possibility that another court may reach a different conclusion regarding the convictions. Therefore, leave to appeal against all convictions is granted to all four applicants.
Court Disposition
Leave to appeal against all convictions is granted to all four applicants.
Orders
- All four applicants are granted leave to appeal to the Full Bench of this Court against all convictions.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA(WESTERN CAPE HIGH COURT. CAPE TOWN)
CASE NO: SS118/08
DATE: 25 MAY 2010
In the matter between:
THE STATE
and
LUCKY MTHEMBU ….........................................................................Accused 2
MNINAWA PHELA …..........................................................................Accused 3
PHUMELE RINKIE VAAIBOOM ….....................................................Accused 4
CHUMANI SIBANDA …......................................................................Accused 5
JUDGMENT
(Application for Leave to Appeal)
MOTALA, J
The four accused apply for leave to appeal against their convictions on six charges. They do not seek leave to appeal against the sentences imposed on them.
As I stated in the judgment, the convictions of the applicants was based largely on the evidence of an accomplice. Although my learned assessor and I found that there were sufficient safeguards for relying on the accomplice's evidence there is a reasonable possibility that another Court will come to a different conclusion.
ALL FOUR APPLICANTS ARE GRANTED LEAVE TO APPEAL TO THE FULL BENCH OF THIS COURT AGAINST ALL CONVICTIONS.
MOTALA, J