IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NUMBER						A413/2010

DATE	
						26 MAY 2011
In the matter between:

and

JUDGMENT 
Application for Leave to Appeal

The applicant seeks leave to appeal against the dismissal of his appeal against the conviction of contravening section 5(b) of the Drugs & Drug Trafficking Act 140 of 1992, which appeal was dismissed by us on 25 February 2011. Although slightly different arguments were advanced on the applicant's behalf this morning, the arguments are, in effect, no different from those which had been advanced at the time of the appeal and which were dealt with in the judgment.

It was pointed out by counsel for the state this morning, that the only aspect in relation to these seven bags which had been placed in dispute at the time of the trial, was whether it was the bullets which had been excreted by the applicant which had been placed in the seven bags. There can be no doubt that that was so on the evidence given by Combrink.

Whatever technical differences there may be in regard to the specific identification of the serial numbers, I am satisfied that on a conspectus of all the evidence, the seven bags which were collected from the applicant, were the seven bags which were handed in to the SAP 13 register and the bags which were ultimately tested by Mbula.