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[2026] ZAGPPHC 976
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Nkuna v S (CC68/2025) [2026] ZAGPPHC 976 (7 September 2026)
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REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
Case
Number:
CC68/2025
(1)
REPORTABLE: YES /
NO
(2)
OF INTEREST TO OTHER JUDGES: YES/
NO
(3)
REVISED: YES/
NO
DATE
07/09/2026
SIGNATURE
In
the matter between:
NKUNA
BONGANI
PATRICK
Appellant
vs
THE
STATE
Respondent
JUDGMENT
MATLAPENG, AJ
[1]
This is an application for a leave to
appeal the sentence which was imposed by this court on the 17 August
2026.
[2]
The sentence is assailed on the grounds
principally that it is induces a sense of shock.
[3]
Section 17(1)
(9) (i) of the
Superior
Courts Act 10 of 2013
provides that leave may only be given where the
appeal would had a reasonable prospect of success.
[4]
According to the case of S v Smith
2012 (1)
SACR 567
(SCA) leave should only be granted where there is a
reasonable prospect that another court would come to a different
conclusion.
[5]
According to the case of S v Malgas
2001
(1) SACR 467
(SCA) the appeal court can only interfere if:
The trial court misdirected itself or,
The sentence is shockingly
inappropriate or induces a sense of shock or,
The sentence is disparate.
[6]
After having listened to the argument by Mr
Kgokane for the appellant I am persuaded that another court may
interfere with the sentence
imposed.
[7]
In the result, I made the following order:
1.
The application for leave to appeal against sentence is granted to
the full bench.
MATLAPENG AJ
ACTING JUDGE OF THE HIGH COURT
PRETORIA
For the Appellant:
Adv
Kgokane
instructed by The Legal-Aid
South Africa, Pretoria
For the Respondent:
Adv
Masekoameng
instructed by The National
Director of Public Prosecutions