South Africa: Western Cape High Court, Cape Town

JUDGMENT

IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NUMBER: SS1 06/2003

DATE: 26 FEBRUARY 2009

In the matter between:

CHRISTOPHER KAMANGANA APPLICANT

and

THE STATE RESPONDENT

JUDGMENT

(Applicant for Leave to Appeal)

VELDHUIZEN, J:

In this matter the applicant was convicted on 27 May 2003 on three counts. The first count being housebreaking with the intent to steal and theft. The second count is robbery with aggravating circumstances and the third count was one of murder. On the next day, that is 28 May 2003, the accused was sentenced on the first count to five years imprisonment, on the second count to 15 years imprisonment and on the third count to life imprisonment. In terms of the Correctional Services Act, the first two sentences are to run concurrently with the sentence on the third count. I, in any event, ex

abundante cautela indicated that the sentences were to run concurrently.