South Africa: High Courts - Gauteng

IN THE HIGH COURT OF SOUTH AFRICA

(WITWATERSRANO LOCAL DIVISION)

JOHANNESBURG

CASE NO: SS 5/01

DATE:2002-03-27

In the matter between:

THE STATE

and

BRIAN MAKWELA........................................................................................................ Accused

JUDGMENT (Leave to Appeal)

WILLIS. J: Immediately after I had pronounced sentence in this matter, Mr Duvenhage made application for leave to appeal against conviction and sentence. He set out detailed grounds of appeal on conviction. These have been typed and handed to the court and appear in the file. They have also been read into the record.

With the exception of the point about the fact that no identifiable fingerprints of the accused were found in the Nissan Sani or on the Norinco firearm, I have dealt extensively with each of the other points in my judgment convicting the accused and I need not repeat them here.

In my view the fact that there were no identifiable fingerprints found on the firearm or in the motor vehicle, is an entirely colourless and neutral fact. That is why I did not deal with it in my judgment on conviction. I am satisfied that there are no reasonable prospects that another court would come to a different conclusion with regard to the guilt of the accused.

With regard to sentence, I have already directed that the sentences are to run concurrently with the life imprisonment for the murder count. In the light of the case of s v Malgas I am convinced that there is absolutely no prospect whatsoever that another court would impose a different sentence other than an effective sentence of life imprisonment.

Accordingly the application for leave to appeal against conviction and sentence is dismissed.