IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between:

JUDGMENT 
Application for Leave to Appeal

MOOSA, J

This is an application by Mr Nkosinathi Yengwa and Mr Mbulelo Mwanda for leave to appeal against their conviction Insofar as Mr Mwanda is concerned, he also applies for leave to appeal in respect of his sentence. Counsel for both the applicants set out quite comprehensively the grounds of appeal in their notice of application for leave to appeal and the Court is not going to repeat them.

The Court now has to decide whether another court could come to a different conclusion to that to which this Court had come, both in respect of the convictions and insofar as Mr Mwanda is concerned, in respect of his sentence. It is so that in the case of Mr Mwanda, the Court found, in respect of sentence, that there was no substantial and compelling circumstances to depart from the prescribed minimum sentences in respect of the murder and robbery charges. In respect of Mr Yengwa, the Court did come to the conclusion that there were substantial and compelling circumstances to depart from the prescribed minimum sentences in respect of the murder and robbery charges.

The Court heard argument both by counsel for Mr Yengwa ana Mr Mwanda in respect of both the conviction and in respect of the sentences insofar as Mr Mwanda is concerned. It is so that the conviction is based firstly, on circumstantial evidence; secondly, on the question of identification; thirdly, on the question of an alleged confession and the pointing out and lastly, on certain forensic evidence. Cumulatively, the Court came to the conclusion that the State had proved it's case beyond reasonable doubt that the accused committed the offences in respect of which they were found guilty, and accordingly convicted them on those charges

MOOSA, J

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