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2024
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[2024] ZAGPPHC 1110
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Matube v S (Leave to Appeal) (CC76/2016) [2024] ZAGPPHC 1110 (18 October 2024)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE
NO:
CC76/2016
DATE:
18-03-2024
(1)
REPORTABLE:
YES
/NO
(2)
OF INTEREST TO OTHER JUDGES:
YES
/NO
(3)
REVISED.
DATE:
18/10/2024
SIGNATURE:
In
the matter between
TLADINYANA
JACOB MATUBE
Applicant
and
THE
STATE
Respondent
JUDGMENT
LEAVE TO APPEAL
STRIJDOM,
J:
The
court then proceed with the
ex-tempore
judgment in this application for leave to appeal against sentence:
1.
This is an application for leave to appeal against the sentences that
this court imposed
on 28 July 2017.
2.
The accused was sentenced as follows:
2.1
Count 1, theft. Six years' imprisonment.
2.2
Count 2, murder. Life imprisonment.
2.3
Count 3, murder. Life imprisonment.
2.4
Count 4, attempted murder. Five years' imprisonment.
2.5
Count 5, attempted murder. Five years' imprisonment.
2.6
Count 6, unlawful possession of a firearm. Four years' imprisonment.
2.7
Count 7, unlawful possession of ammunition.
Three years'
imprisonment.
3.
It was ordered that the sentences run concurrently.
4.
The accused was declared unfit to possess a firearm.
5.
Condonation is granted for the late filing of the application for
leave to appeal.
6.
The applicant's grounds of appeal are set out in the application for
leave to appeal. The
court is not going to repeat that.
7.
In this matter the court found that the two murders were committed,
were pre-planned or premeditated
and that no substantial or
compelling circumstances exist to deviate from the minimum
prescribed sentence of life imprisonment.
The accused has pleaded not
guilty on the murder charges and the attempted murder charges and
showed no remorse when he testified
in mitigation of sentence.
Now
in
section 17(1)
of the
Superior Courts Act, 10 of 2013
provides
that:
"Leave to appeal may
only be granted where the judge or judges concerned are of the
opinion that the appeal would have a reasonable
prospect of success
or if there is some compelling reason why the appeal should be heard,
including conflicting judgments on the
matter under consideration."
10.
It is clear that the threshold for granting leave to appeal against a
judgment of a high court has been raised in the new Act.
The use of
the word 'would' in the new Act indicates a measure of certainty that
another court will differ from the court whose
judgment is sought to
be appealed against.
11.
In respect of all the grounds of appeal raised by the applicant my
judgment deals with facts and the law as presented by the
parties and
how the court arrived at each conclusion on the contentions raised by
the parties.
12.
When the facts and the law were examined, there is in my view no
sound or rational basis for the conclusion that the appeal
would have
a reasonable prospect of success.
13
In the result the following order is made:
ORDER
1.
Condonation is granted.
2.
The application for leave to appeal against sentence is dismissed.
STRIJDOM,
J
JUDGE
OF THE HIGH COURT
DATE:
..................