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

CASE NUMBER: A610/2009

DATE: 17 AUGUST 2010

In the matter between:

and

JUDGMENT

Application for Leave to Appeal

This is an application for leave to appeal against the judgment and order of 7 May 2010, dismissing the applicants' appeal against their conviction. The applicants' main attack on the magistrate's judgment is based on the grounds that she erred and misdirected herself in holding that there was corroboration for the evidence of the accomplice witness, Brian Christians.

The question is whether we should grant leave to appeal in this matter.
In an application for leave to appeal, the applicant must satisfy the Court that he has a reasonable prospect of success on appeal. The mere possibility that another Court might come to a different conclusion, is not sufficient to justify the grant of leave to appeal. It is correct that in the present case the only direct evidence implicating the applicants, is the testimony of Christians, the accomplice. Christians' evidence, because of his inherent danger, should be approached with caution and there must be some safeguard to reduce the risk of a wrong conviction.

In our view we are satisfied that there is a reasonable prospect that another Court might come to a different conclusion regarding the probative value of Christians' evidence and whether his evidence was sufficient to sustain a conviction. It follows, therefore, that leave to appeal should be granted. In the result the following order is made:
1.	The late filing of leave to appeal application is hereby condoned.
2.	Leave to appeal to the Supreme Court of Appeal against conviction is granted.