Zwane and Another v S (SS04/2012) [2023] ZAGPJHC 189 (2 March 2023)

Zwane and Another v S (SS04/2012) [2023] ZAGPJHC 189 (2 March 2023)

The court found, after considering the arguments and authorities cited, that there are no reasonable prospects that another court would reach a different conclusion regarding the joint possession of the firearms. Accordingly, the application for leave to appeal was refused.

Citation
[2023] ZAGPJHC 189
Parties
Applicant: ZWANE WISEMAN; Applicant: MTSHALI WELCOME; Respondent: THE STATE
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 March 2023
Case Number
SS04/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal refused.
Judges
Wepener
Legal Topics
Joint Possession, Leave to Appeal, Firearms Offences
Criminal Law Joint Possession Leave to Appeal Firearms Offences

Case Brief

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Parties

ZWANE WISEMAN

Applicant

MTSHALI WELCOME

Applicant

THE STATE

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different conclusion regarding joint possession of firearms.
  2. 2 Whether leave to appeal should be granted.

Ratio Decidendi

The court found, after considering the arguments and authorities cited, that there are no reasonable prospects that another court would reach a different conclusion regarding the joint possession of the firearms. Accordingly, the application for leave to appeal was refused.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.