About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2024
>>
[2024] ZAFSHC 26
|
|
Mokoena v S (25/2019) [2024] ZAFSHC 26 (1 February 2024)
IN
THE HIGH COURT OF SOUTH AFRICA,
FREE
STATE DIVISION, BLOEMFONTEIN
Case
number: 25/2019
In
the matter between:
FUSI
HAMILTON MOKOENA
Applicant
and
THE STATE
Respondent
JUDGMENT
BY
:
MHLAMBI J,
DELIVERED
ON:
01 FEBRUARY 2024
APPLICATION FOR LEAVE
TO APPEAL
[1]
In this application, the applicant sought an order that condonation
be granted for the late service and filing of
this application and
founding affidavit as well as that leave to appeal against the
applicant’s conviction and sentence be
granted to the full
bench of this court.
[2]
In his heads of argument and subsequent correspondence, the applicant
indicated that he wished to proceed with the
application for leave to
appeal against sentence only. He therefore abandoned the leave to
appeal against the conviction.
[3]
I have read both the applications for condonation and leave to appeal
and I am satisfied that both should be granted.
[4]
Consequently, I make the following order.
Order:
1.
Condonation is granted for the late service and filing of the late
filing of this application;
2.
Leave to appeal against sentence to the Full Court of this Division
is granted.
________________
MHLAMBI,
J
Counsel
for the applicant:
Mr. P Peyper
Instructed
by:
Payper & Botha Attorney Inc.
39C
First Avenue
Westdene
Bloemfontein
Counsel
for the respondent:
Adv. Pienaar
Instructed
by:
Director of Public
Prosecutions
Waterfall
Building
Bloemfontein