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