South Africa: Limpopo High Court, Thohoyandou

IN THE HIGH COURT OF SOUTH AFRICA

(LIMPOPO HIGH COURT)

HELD AT THOHOYANDOU

CASE NO: CC05/2012

DATE: 15 JUNE 2012

In the matter between;

AGOLLE ABDI JAMAALE & OTHERS..............................................................................Appellant

And

THE STATE

JUDGMENT

KGANYAGO J:

This is an application for leave to appeal being brought by the two appellants who were the accused. The facts are still fresh in our minds and thus not need us to be reminded of them.

I will refer to the case of S v Maebena & Another SA 2007 (1) SACR 482 (SCA) at paragraph 22. The court said:

“It is the right of every litigant against whom an appealable order has been made to seek k, leave to appeal against the order. Such application should not be approached as if it is _r an impertinent challenge to the judge concern to justify his or her decision. A court from which leave to appeal is sought is called upon merely to reflect dispassionately upon its decision after hearing arguments and decide whether there is a reasonable prospect that a higher court may disagree.

In other words, I must now decide whether another another court can come to a different conclusions.

The facts were here, direct evidence were been led. I do not even have to remind the parties of what Jabriel said, he was leading direct evidence. Even though the state did not conduct DNA test on the knife, the fact remains that there was overwhelming evidence which the state has led and which the accused themselves failed to challenge and I do not see - I am not persuaded that any other court will come to a different conclusion with the overwhelming evidence which has been led in this particular case.

If the accused were saying that they were not there at the scene it means they were somewhere and they were pleading alibi, somebody who should have come and confirm their alibi, but nobody was called in to confirm their alibi. Throughout it was just a bare denial and the danger of a bare denial is once you have been placed on the scene, it is for you to take out yourself from the scene, but they failed, and therefore I.'--am not persuaded that any court will come to a different conclusion.

Therefore the application for leave to appeal is REFUSED.

IN THE HIGH COURT OF SOUTH AFRICA

LIMPOPO HIGH COURT

HELD AT TIIOHOYANDOIU ON THE 15^th DAY OF JUNE 2012

BEFORE THE HONOURABLE MR ACTING JUSTICE M F KGANFA GO

In the matter between:

THE STATE

And

AGOLLE ABBJ JIMMALE

MOHAMAD MUQTAAR JIMALE

ALASON MOHAMED SAEEB

HAVING read the papers filed of record and heard counsel for the Applicants and

Counsel for the State.

IT IS ORDERED:

THAT application for leave to appeal, on both conviction and sentence is refused.

BY ORDER OF THE COURT

registrar of high court

LIMPOPO HIGH COURT, THOHOYANDOU