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S v Mcaphukisi and Others (CC35/2007) [2009] ZAECBHC 17 (13 May 2009)

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IN THE HIGH COURT OF SOUTH AFRICA

CISKEI PROVINCIAL DIVISION

 

CASE NO.: CC35/2007

 

IN THE MATTER BETWEEN:

 

LUVUYO MCAPHUKISI

1ST APPLICANT

LIZO LUMBE

2ND APPLICANT

LINDILE MAGI

3TH  APPLICANT

 


AND


 


THE STATE

RESPONDENT

 

RULING

 

DHLODHLO ADJP:

 

Accused five, six, and seven have applied for leave to appeal against the judgments and the sentences. The Respondent (the State) opposes the applications.

 

I have reconsidered the grounds of appeal, reconsidered rulings I made in respect of trials - within - the trial, my judgments and the sentences,

 

I am not persuaded that there are reasonable prospects of success on appeal. I believe that there are none. The applications for leave to appeal against the judgments and the sentences in respect of the three applicants on all counts are accordingly refused.

 

AEB DHLODHLO

JUDGE OF THE HIGH COURT

ACTING DEPUTY JUDGE PRESIDENT

 

13 MAY 2009

 

FOR 1st  APPLICANT (ACCUSED NO. 5):

MR V MAGQABI

 


FOR 2nd AND 3rd APPLICANTS (ACCUSED NO. 6 AND 7):

MR S V PANGO

 


FOR THE RESPONDENT (THE STATE):

MR AC ERUSMUS