Zwane and Another v S (SS04/2012) [2023] ZAGPJHC 189 (2 March 2023)
- Citation
- [2023] ZAGPJHC 189
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- South Gauteng High Court, Johannesburg
- Panel
- Wepener
- Case number
- SS04/2012
More details
- Court
- South Gauteng High Court, Johannesburg
- Panel
- Wepener
- Case number
- SS04/2012
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
ZWANE WISEMAN
ApplicantMTSHALI WELCOME
ApplicantTHE STATE
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether there are reasonable prospects that another court would reach a different conclusion regarding joint possession of firearms.
- 02
Whether leave to appeal should be granted.
Party arguments
- Applicant
- The applicants argued that the court erred in its findings regarding joint possession of the firearms and that there are reasonable prospects that another court may reach a different conclusion.
- Respondent
- The respondent argued that the court correctly applied the law to the facts and that there are no reasonable prospects of success on appeal.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act 10 of 2013
Leave to appeal will only be granted if there are reasonable prospects that another court may come to a different conclusion.
06
Ratio, limits and disposition
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.
- The application for leave to appeal is refused.
Source and reliance status
South Gauteng High Court, Johannesburg
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.
South Gauteng High Court, Johannesburg
Judgment
IN THE HIGH COURT
OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
CASE NO: SS04/2012
DATE: 2015-03-23
(1) REPORTABLE: YES / NO.
(2) OF INTEREST TO OTHER JUDGES: YES / NO.
(3) REVISED.
DATE: 2023-03-02
In the matter between
ZWANE WISEMAN and MTSHALI WELCOME Applicants
and
THE STATE Respondent
J U D G M E N T
Application: Leave to appeal
WEPENER (J): i have read the applicant’s notice of application for leave to appeal, listened to their counsel’s argument, listened to the respondent’s argument. I have perused the cases referred to, in particular in relation to joint possession of the firearms in question.
I am of the view that there are no reasonable prospects that another court will come to a different conclusion.
ORDER
The application for leave to appeal is consequently refused.
- - - - - - - - - - - - - - - - - - - -
MS MZAMANE: As the court pleases, My Lord.
RESPONDENT: As it pleases you, My Lord.
COURT: Court will adjourn.
COURT
ADJOURNS
[10:35]
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