S v Ndweni and Others (376/94, 390/94, 639/98) [1999] ZASCA 51; [1999] 4 All SA 377 (A) (31 August 1999)
Court
Supreme Court of Appeal
Case number
376/94, 390/94, 639/98
Judges
Smalberger, Grosskopf, Mpati
The court found that the applicants had made out a satisfactory case for the relief sought, as the new evidence regarding APLA's claimed responsibility, Dolo's affidavit, and identification evidence from witnesses was materially relevant and only came to light after the trial. The requirements for reopening the case and leading further evidence were satisfied, particularly given the unusual circumstances and the dictates of fairness. The court emphasized that the final outcome would depend on the trial court's assessment of all the evidence, and that success in the application did not guarant…