S v Zaza and Others (SS231/2007) [2009] ZAWCHC 214 (8 June 2009)

S v Zaza and Others (SS231/2007) [2009] ZAWCHC 214 (8 June 2009)

The court found that, in respect of accused 1, 2, 4, and 6, there is a reasonable prospect that another court may reach a different decision regarding their convictions, particularly due to the lack of evidence from State witnesses and the application of the common purpose doctrine. Accordingly, leave to appeal against conviction is granted for accused 1, 2, 4, and 6. Additionally, accused 4 and 6 are granted leave to appeal against their sentences. However, for accused 8, the court determined that there is no reasonable prospect of success on appeal regarding the sentence of three years direct imprisonment, and leave to appeal is refused.

Citation
[2009] ZAWCHC 214
Parties
Applicant: The State; Respondent: Luyanda Zaza; Respondent: Simon Lolo; Respondent: Mzamu Ncwana; Respondent: Thembile Ngxowe; Respondent: Siyathemba Tshanyela; Respondent: Lungile Mayo; Respondent: Thomas Baraza; Respondent: Vuyile Msaseni; Respondent: Siyabonga Zanzele
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
8 June 2009
Case Number
SS231/2007
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence
Outcome
Leave to appeal against conviction is granted for accused 1, 2, 4, and 6. Leave to appeal against sentence is granted for accused 4 and 6. Leave to appeal against sentence is refused for accused 8.
Judges
Allie
Legal Topics
Leave to Appeal, Common Purpose, Conviction Review, Sentence Appeal
Criminal Law Leave to Appeal Common Purpose Conviction Review Sentence Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Luyanda Zaza

Respondent

Simon Lolo

Respondent

Mzamu Ncwana

Respondent

Thembile Ngxowe

Respondent

Siyathemba Tshanyela

Respondent

Lungile Mayo

Respondent

Thomas Baraza

Respondent

Vuyile Msaseni

Respondent

Siyabonga Zanzele

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the convictions of accused 1, 2, 4, and 6.
  2. 2 Whether accused 4 and 6 should be granted leave to appeal against their sentences.
  3. 3 Whether accused 8 should be granted leave to appeal against the sentence of three years direct imprisonment.

Ratio Decidendi

The court found that, in respect of accused 1, 2, 4, and 6, there is a reasonable prospect that another court may reach a different decision regarding their convictions, particularly due to the lack of evidence from State witnesses and the application of the common purpose doctrine. Accordingly, leave to appeal against conviction is granted for accused 1, 2, 4, and 6. Additionally, accused 4 and 6 are granted leave to appeal against their sentences. However, for accused 8, the court determined that there is no reasonable prospect of success on appeal regarding the sentence of three years direct imprisonment, and leave to appeal is refused.

Court Disposition

Leave to appeal against conviction is granted for accused 1, 2, 4, and 6. Leave to appeal against sentence is granted for accused 4 and 6. Leave to appeal against sentence is refused for accused 8.

Orders

  • Leave to appeal to the Full Bench of this Division is granted to accused 1, 2, 4, and 6 in respect of their convictions.
  • Leave to appeal to the Full Bench of this Division is granted to accused 4 and 6 in respect of their sentences.