South Africa: Western Cape High Court, Cape Town

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

CASE NO: SS118/08

DATE: 25 MAY 2010

In the matter between:

THE STATE

and

LUCKY MTHEMBU ….........................................................................Accused 2

MNINAWA PHELA …..........................................................................Accused 3

PHUMELE RINKIE VAAIBOOM ….....................................................Accused 4

CHUMANI SIBANDA …......................................................................Accused 5

JUDGMENT

(Application for Leave to Appeal)

MOTALA, J

The four accused apply for leave to appeal against their convictions on six charges. They do not seek leave to appeal against the sentences imposed on them.

As I stated in the judgment, the convictions of the applicants was based largely on the evidence of an accomplice. Although my learned assessor and I found that there were sufficient safeguards for relying on the accomplice's evidence there is a reasonable possibility that another Court will come to a different conclusion.

ALL FOUR APPLICANTS ARE GRANTED LEAVE TO APPEAL TO THE FULL BENCH OF THIS COURT AGAINST ALL CONVICTIONS.

MOTALA, J