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[2011] ZAWCHC 223
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Ngomane v S (A81/2011) [2011] ZAWCHC 223 (13 May 2011)
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RTF formatIN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NUMBER: A81/2011
DATE: 13 MAY 2011
In the matter between:
LWAZI NGOMANE …........................................................................................Appellant
and
THE STATE …................................................................................................Respondent
JUDGMENT
BINNS-WARD, J:
In this matter it is conceded by the state that the appellant's trial was vitiated by fundamental irregularities going to the breach of his rights to a fair trial in terms of section 35 of the Constitution and, as Mr Zeeman correctly conceded, the appropriate order in the circumstances would be to upheld the appeal and set aside the conviction and sentence.
It is important in matters of this nature, particularly for the education of presiding officers in the lower courts, that full
reasons be given for our decision and for that reason, and because the matter was identified by us and dealt with in heads of argument only handed up at our request today, we are not in a position to give the reasoned judgment that is called for at this stage.
Nevertheless,
particularly in view of the unhappy history of this
matter, today
being nearly two years after the appellant was
granted leave to
appeal, the issue of the order cannot be
delayed. Accordingly, we
shall make an order today and give
reasons later. The order that
my learned colleague and I agree
should be issued today is that
the appeal against conviction
and sentence be upheld, that the
conviction and sentence be
set aside and that an ordered be
issued today for the appellant's
release.
Reasons for this decision will be given in writing later.
BINNS-WARD, J
STEYN, J: I agree
STEYN,J