S v Ndlazini (A301/12) [2012] ZAGPJHC 234 (7 November 2012)

35 Reportability
Criminal Procedure

Brief Summary

Criminal Procedure — Appeal — Application for leave to appeal — Dismissal of appeal against conviction and sentence — No reasonable prospects of success in further appeal to Supreme Court of Appeal — Application for bail pending petition to Supreme Court of Appeal — Bail extended on same conditions as previously imposed. The appellant's appeal against conviction and sentence was dismissed, and the request for leave to appeal to the Supreme Court of Appeal was also denied due to a lack of reasonable prospects of success. Following this, the appellant sought an extension of bail pending a petition for further appeal. The court held that the appellant's bail was extended on the same conditions as previously imposed until a further order could be made.

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[2012] ZAGPJHC 234
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S v Ndlazini (A301/12) [2012] ZAGPJHC 234 (7 November 2012)

IN THE SOUTH GAUTENG HIGH COURT
JOHANNESBURG
CASE NO: A301/12
DATE: 2012-11-07
In the matter between
STATE
...........................................................
Plaintiff
and
THUTHUKANI NDLAZINI
...........................
Defendant
JUDGMENT
WILLIS J:
[1] Immediately after we had delivered judgment in this matter,
dismissing the appeal against conviction and sentence, we dismissed

an application brought by the appellant’s counsel for leave to
appeal further to the Supreme Court of Appeal. We did so
on the basis
that we were satisfied that there are no reasonable prospects that
another court would come to a different conclusion
from our own. The
appellant’s counsel then applied for bail to be extended,
mutatis mutandis, on the same terms and conditions
as had previously
applied (while the appellant was waiting for this appeal to be
heard), pending the outcome of a petition which
the appellant
intended to lodge with the Supreme Court of Appeal for leave to
appeal further.
[2] In so far as the question of bail pending a petition to the
Supreme Court of Appeal is concerned, this matter has already been

debated. A draft will be prepared and an order made tomorrow. In the
meantime, the appellant’s bail is extended, mutatis
mutandis,
on the same conditions as were imposed by the learned Magistrate
until tomorrow morning at 10h00.
[3] BASHALL AJ: I agree (i.e. with the orders dismissing the appeal
against conviction and sentence, dismissing the application
for leave
to appeal further to the Supreme Court of appeal and the order
extending bail until tomorrow morning).
--o0o--