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CASE NUMBER: A940/12

NGHC CASE No CC317/2004

4 APRIL 2018

In the matter between:

ZABENZENI MALI MAHLANGU                                                           FIRST APPELLANT

GIBI DRIVER MAHLANGU                                                              SECOND APPELLANT

THOMAS JABULANI MAHLANGU                                                      THIRD APPELLANT

VS

THE STATE                                                                                                   RESPONDENT

 

AMENDED ORDER

 

M A VUNDLA J,

[1] This court on the 29 / 03 / 2018 issued the following order in this matter:

"[20] In the premises, the  appeal against both conviction and sentence in respect of all counts are set aside."

[2] It would seem that the order as it stands is vague and or ambiguous and the parties have requested that the order be more specific.

[3] In as much as it may seem that the court is functus officio, the court may amend and or clarify its judgment to cure any ambiguity or vagueness.

[4] In the circumstances the order of the  29 / 03 / 2018 is hereby  amended in toto to  read as follows :

[20] In the premises, the following order is issued:

1. The appeal of the three appellants against:

1.1 convictions on count 1 of murder;

1.2 count 2 of robbery;

1.3 sentence of life imprisonment;

1.4 sentence of 15 (fifteen years') imprisonment Are upheld;

2. The convictions and the sentences imposed are all set aside.

 

_______________________

N. M. MAVUNDLA

JUDGE OF THE HIGH COURT

 

 

I agree and it is so ordered.

 

______________________

L. M. MOLOPA-SETHOSA

JUDGE OF THE HIGH COURT

 

 

I agree and it is so ordered

 

______________________

RANCHOD J

JUDGE OF THE HIGH COURT

 

DATE OF HEARING                     : 13 / 10 / 2018

DATE OF JUDGMENT                  : 29 I 03 I 2018

DATE OF AMENDED ORDER      : 04 / 04 / 2018

 

APPELLANTS ADV                       ATT O. P. MAKOBE

INSTRUCTED BY                          ATT MAKOBE

RESPONDENT'S ADV                   ADV S. SCHEEPERS

INSTRUCTED BY                          DIRECTOR OF PUBLIC PROSECUT ION

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