South Africa: North Gauteng High Court, Pretoria

IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

CASE NO: A329/2011

DATE: 31 July 2012

In the matter between

BRENDAN SOLLY NDLOVU................................................................................................Applicant

And

THE STATE...........................................................................................................................Respondent

JUDGMENT (LEAVE TO APPEAL)

BAM J:

The applicant Solly Brendan Ndlovu applies for leave to appeal against his conviction on a charge of rape and the life sentence which was imposed by the Regional court confirmed on appeal by this Court.

The judgment of the Magistrate is quite clear. I have perused it again and I have also perused the judgment of this court handed down by Sapphire AJ in which I concurred.

I am of the opinion that pertaining to any prospects that another court may interfere with the conviction, that no such prospects exist and accordingly the application for leave to appeal against the conviction should be refused.

Regarding the issue of the sentence it is so that the complainant was seriously injured by the applicant in this matter, and the fact that the Magistrate did not find any circumstances justifying a lesser sentence than the life sentence imposed.

My Brother Sapphire AJ and I agreed in that regard. Today it was however conceded by the State, represented by Advocate Scheepers, that there may be prospects that another court may interfere with the life sentence.

After having considered all the issues I am of the opinion that reasonable prospects exist that another Court may interfere with the sentence. Leave to appeal to the Supreme Court of Appeal against the sentence of life imprisonment should therefore be granted to the appellant.

POTTERILL J:

I agree and it is so ordered.

COURT ADJOURNED