IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between: 
CHARLES MAZOKOZA 
versus 
THE STATE

JUDGMENT

For the sake of convenience, the appellant is referred to as the accused. The accused and two others were charged in the Regional Court, Wynberg, on four counts. The accused, who was represented a legal practitioner, pleaded not guilty.

The accused and his co-accused were arrested shortly afterwards in relatively close proximity to the place where the hijacking had taken place.

After the State had closed its case and the accused had testified and the evidence concluded, the accused was found guilty on counts 1 and 2 and acquitted on counts 3 and 4.

The accused was sentenced to 15 years imprisonment in respect of count 1 and two months imprisonment in respect of count 2 and the Court ordered that the latter sentence be served concurrently with the former.

"No person shall ride in or drive a vehicle without the consent of the owner, operator or person in lawful charge thereof."

As on the facts at my disposal it appears that the accused has been in prison since approximately April 2001 and should therefore already be entitled to hiS immediate release if found guilty only on count 2, the registrar of this court is requested to immediately notify the prison authorities of the outcome of this appeal, that the accused may be released forthwith unless he may be lawfully detained for any other reason.

I concur