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[2010] ZAGPPHC 225
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Mnisi v S (A107/2010) [2010] ZAGPPHC 225 (9 December 2010)
NOT
REPORTABLE
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG DIVISION)
Appeal
case A107/2010
DATE:
09/12/2010
In
the matter between:
MNISI,
MTHOBIAI
CHARLES
..................................................................
First
Applicant
and
THE
STATE
...................................................................................................
Respondent
CORAM
EBERSOHN et KOLLAPEN AJJ DATE HEARD 9th DECEMBER 2010
DATE
JUDGMENT HANDED DOWN 9TH DECEMBER 2010
JUDGMENT
EBERSOHN
AJ.
[1]
The applicant was convicted by a magistrate on a charge of rape. He
appealled to this court and the appeal with regard to the
conviction
was dismissed but the appeal against the sentence imposed was
successful and the sentence was altered by this court.
Thereafter
this court was
functis
officio.
[2]
The applicant applied on notice of motion to this court for leave to
appeal to the Supreme Court of Appeal against his conviction.
This
procedure is not proper and the way for the applicant to proceed is
by way of a petition to the Judge President of the Supreme
Court of
Appeal in terms of the Rules of the Supreme Court of Appeal.
[3]
The application before us cannot succeed and I propose that the
following order be made:
The
application
is
struck from the roll.
P.
Z. EBERSOHN
ACTING
JUDGE OF THE HIGH COURT
I
AGREE AND IT IS SO ORDERED
N.
KOLLAPEN
ACTING
JUDGE OF THE HIGH COURT