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South Africa Judgment

South Gauteng High Court, Johannesburg

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

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Source document

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

Applicant

MTSHALI WELCOME

Applicant

THE STATE

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

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

  1. 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

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Judgment reading view

Judgment text

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Source document

South Gauteng High Court, Johannesburg

Judgment

[2023] ZAGPJHC 189

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

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