2
[2] Mr Gua rneri from Legal Aid South Africa appeared for the applicant and Ms
Moseki on behalf of the National Prosecuting Authority (the state). Further, Prof
PG Du Toit appeared as an amicus curiae. He was in terms of a previous court
order duly appointed in such capacity and is also an admitted advocate. I thank
counsel and Prof Du Toit for their heads of argument and legal arguments
advanced to assist this court.
Background
[3] At the outset it should be stated that the relief which was sought by the applicant
was not opposed. Having said that, the question remains whether this court ,
sitting as a single judge, is competent to grant the relief to correct the judgment
of the Full Court of this Division. I was not part of that Full Court.
[4] In these proceedings there are opposing views on whether Rule 42(1)(b) is
applicable in orders made in criminal matters. The parties argued that should this
court find that Rule 42(1)(b) was not applicable to correct a judgment in criminal
matters the common law and/or legal precedent could provide a remedy ,
rendering it unnecessary to refer the matter to the Supreme Court of Appeal to
consider the correction of the judgment and order of the Full Court.
[5] From the facts set out below it would become clear that there was a patent error
in the judgment and order of the Full Court when comparing it with the reasoning
in the body of the judgment. There are some ambiguities and other errors which
do not affect the substance of the judgment.
[6] The parties agreed to the factual matrix of this matter on a prepared joint practice
note. I will refer to the contents of this document to set out the facts of this matter.
[7] On 28 September 2015 the applicant was convicted of one count of racketeering
(count 1), 3 counts of robbery with aggravating circumstances (counts 3, 11 and
13), and on one count each of the unlawful possession of a firearm (count 8) and
ammunition (count 9). The applicant was accused 7 in the trial.
ammunition (count 9). The applicant was accused 7 in the trial.
[8] On 25 May 2016, the applicant was sentenced as follows:
a. count 1 (Racketeering in terms of the POCA):15 years imprisonment;