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[2008] ZAWCHC 325
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Fredericks v S (A897/2003) [2008] ZAWCHC 325 (11 December 2008)
IN
THE HIGH COURT OF SOUTH AFRICA
(WESTERN
CAPE HIGH COURT, CAPE TOWN)
CASE
NUMBER
:
A897/2003
DATE
:
11
DECEMBER 2008
In
the matter between:
BRIAN
FREDERICKS
Applicant
and
THE
STATE Respondent
JUDGMENT
Application
for Leave to Appeal
YEKISO.
J
The
order we give is the following, the first paragraph will be:
1.
The application for leave to appeal is postponed
sine
die.
2.
The office of the Provincial Director of Public Prosecution is
directed to assist the applicant in obtaining legal aid assistance
with a view to doing the following:
(a)
To furnish the applicant with an opinion as regards the
probabilities of success in the proposed appeal.
That
the applicant, as well as the Office of the Provincial Director of
Prosecutions, to be furnished with a copy of such an
opinion.
That
the Court, as currently constituted, be furnished with a copy of
such an opinion with a clear understanding that this Court,
as
currently constituted, will not be bound by that opinion.
Once
such an opinion shall have been furnished to the applicant, the
applicant will be entitled to take whatever appropriate
steps
arising from such an opinion which shall include re-enrolment of
his application for leave to appeal.
YEKISO,
J
DLODLO.
J: I agree.
DLODLO.
J