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South Africa: Western Cape High Court, Cape Town
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[2010] ZAWCHC 423
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Ngqwemla v S (SS228/05) [2010] ZAWCHC 423 (15 June 2010)
IN
THE HIGH COURT OF SOUTH AFRICA
(WESTERN
CAPE HIGH COURT. CAPE TOWN)
CASE
NO
:
SS228/05
DATE
:
15
JUNE 2010
In
the matter between;
MAZIZI
NGQWEMLA
…........................................................................................
Applicant
and
THE
STATE
….....................................................................................................
Respondent
JUDGMENT
(Application
for leave to Appeal)
LOUW,
J
:
This
is an application for leave to appeal brought by accused 1 in a trial
in which he was convicted with accused 2 on a number
of serious
offences and was imprisoned for an effective period of 25 years.
Mr
Roberts
,
who appears on behalf of the applicant submitted that there is a
reasonable prospect that another court may come to a different
conclusion, both as regards the conviction and the sentences imposed.
The
applicant was identified by two witnesses who both knew him well and
who placed him on the scene of the robbery. He was later
involved, on
the evidence of the State, in a shoot-out with the police and had
with him a firearm which had shortly before the
shout-out been taken
from one of the victims of the robbery.
At
the trial the Court (i.e. myself and assessors) came to the
conclusion that the evidence of the State witnesses were of such
a
nature and quality that the alibi evidence by the applicant could not
reasonably possibly be true.
Mr
Roberts
criticised
the evidence adduced by the State and submitted that that evidence in
the light of the evidence of the applicant should
have been rejected.
I
reconsidered the matter and I am satisfied that there is no
reasonable prospect that another court may come to a different
conclusion
as regards the conviction.
As
regards sentence, I am likewise of the view that there is no
reasonable prospect that another court will interfere with the
sentences imposed in this case.
It
follows therefor that the application for leave to appeal against the
conviction and the sentences is dismissed.
LOUW,
J
/im
/...