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Nduwyumu v S (A487/2010) [2011] ZAWCHC 350 (3 June 2011)

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iN THE HIGH COURT OF SOUTH AFRICA


(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NUMBER: A487/2010


DATE: 3 JUNE 2011


In the matter between:


ABRAHAM JOHANNES NDUWYUMU …........................................Appellant


and


THE STATE …..............................................................................Respondent




JUDGMENT




GOLIATH, J:



Having heard the arguments on behalf of both parties, the appellant and the respondent in this matter, and having considered the arguments, this court is unable to reach a unanimous finding in this appeal. The matter is accordingly referred to a Full Bench of this division. The matter is referred to the office of the Judge President for the allocation of a suitable date for a Full Bench to entertain this matter.

GOLIATH, J

VAN STADEN, AJ: I agree.



VAN STADEN, AJ