S v Mveke (206/93) [1993] ZASCA 83 (28 May 1993)

S v Mveke (206/93) [1993] ZASCA 83 (28 May 1993)

The court held that, following the granting of leave to appeal, the appellant is entitled to apply to the lower court for bail pending the outcome of the appeal, as the legal position has changed and section 321(1) of the Criminal Procedure Act now applies. The court also granted a postponement of the appeal hearing to allow the appellant to bring an application for the admission of further evidence regarding sentence. The appellant was directed to file his application and supporting affidavits with the registrar of the court and serve them on the State by or before 31 August 1993.

Citation
[1993] ZASCA 83
Parties
Appellant: Balolekile Simon Mveke; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 May 1993
Case Number
206/93
Procedural Posture
Criminal Appeal / Appellate Hearing on Sentence Only; Leave to Appeal Granted After Petition
Outcome
The hearing of the appeal is postponed to allow the appellant to apply for the admission of further evidence regarding sentence. The appellant is permitted to apply to the lower court for bail pending appeal.
Judges
Hoexter, Eksteen, Harms
Legal Topics
Reckless Driving, Sentence Appeal, Bail Pending Appeal, Admission of Further Evidence
Criminal Law Reckless Driving Sentence Appeal Bail Pending Appeal Admission of Further Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Balolekile Simon Mveke

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appellate Hearing on Sentence Only; Leave to Appeal Granted After Petition

Legal Issues

  1. 1 Whether the appellant should be permitted to apply for the admission of further evidence regarding sentence.
  2. 2 Whether the appellant may apply for bail pending the outcome of the appeal after leave to appeal has been granted.

Ratio Decidendi

The court held that, following the granting of leave to appeal, the appellant is entitled to apply to the lower court for bail pending the outcome of the appeal, as the legal position has changed and section 321(1) of the Criminal Procedure Act now applies. The court also granted a postponement of the appeal hearing to allow the appellant to bring an application for the admission of further evidence regarding sentence. The appellant was directed to file his application and supporting affidavits with the registrar of the court and serve them on the State by or before 31 August 1993.

Court Disposition

The hearing of the appeal is postponed to allow the appellant to apply for the admission of further evidence regarding sentence. The appellant is permitted to apply to the lower court for bail pending appeal.

Orders

  • The hearing of the appeal is postponed.
  • The appellant is permitted to bring an application for the admission of further evidence regarding sentence.