S v Ndala (CC 53 / 2019) [2019] ZAGPPHC 1043 (12 December 2019)
- Citation
- [2019] ZAGPPHC 1043
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- Morrison
- Case number
- CC 53 / 2019
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- Morrison
- Case number
- CC 53 / 2019
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that there are no reasonable prospects that another court would reach a different finding regarding either the convictions or the sentences imposed. Accordingly, the application for leave to appeal was dismissed.
Court disposition
Application for leave to appeal is dismissed.
Orders
- The application for leave to appeal against conviction and sentence is dismissed.
02
Material facts
Parties
The State
RespondentVusi Andrew Ndala
Applicant03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether another reasonable court would reach a different finding regarding the convictions.
- 02
Whether another reasonable court would reach a different finding regarding the sentences imposed.
Party arguments
- Applicant
- The applicant sought leave to appeal against both conviction and sentence, arguing that there are reasonable prospects that another court may reach a different conclusion.
- Respondent
- The respondent opposed the application, contending that there are no reasonable prospects of success and that the convictions and sentences were properly imposed.
05
Court’s reasoning
Legal principles
- 01
S v Smith 2012 (1) SACR 567 (SCA)
Leave to appeal will only be granted if there is a reasonable prospect that another court may come to a different conclusion.
06
Ratio, limits and disposition
Ratio decidendi
The court found that there are no reasonable prospects that another court would reach a different finding regarding either the convictions or the sentences imposed. Accordingly, the application for leave to appeal was dismissed.
Court disposition
Application for leave to appeal is dismissed.
- The application for leave to appeal against conviction and sentence is dismissed.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Ruling
IN THE HIGH
COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
(1) REPORTABLE: NO.
(2) OF INTEREST TO OTHER JUDGES: NO.
(3) REVISED: NO.
CASE NO: CC 53 / 2019
DATE: 02 / 12 / 2019
In the matter between
THE
STATE
and
VUSI ANDREW
NDALA
Accused
J
U D G M E N T
MORRISON AJ : With regard to the application brought by you, in respect of the merits, the conviction and the sentence. The application is dismissed, on the basis that no other reasonable court will reach a different finding with regard to the convictions, or with regard to the sentences imposed. The application is dismissed.
…………………………..
MORRISON AJ
JUDGE OF THE
HIGH COURT
DATE: 02 / 12 / 2019
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