South Africa: North West High Court, Mafikeng

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S v Ramaqele (CA 55/08) [2008] ZANWHC 26 (28 August 2008)

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CASE NO.:CA 55/08

THE STATE                                                                       RESPONDENT

LANDMAN J:

[1]      The petitioner is Letwale Felix Ramaqele, an adult male person.

[3]      The petitioner pleaded not guilty but was convicted of the charge on 7 January 2005. He was sentence to 15 years imprisonment.

[4]      On 26 May 2006 the petitioner applied for leave to appeal against both the conviction and sentence. His application was dismissed.

[5]      The petition has been filed out of time. There is an explanation for the late filing of the petition. In my view condonation should be granted if there is a reasonable prospect of success on the merits of the petition.

[6]      The learned Regional Magistrate has provided reasons for convicting the petitioner and other accused. The petitioner has submitted the record of the trial proceedings. The case for the petitioner is briefly that the learned Regional Magistrate igh CourtHHidid not apply the cautionary rule regarding a single witness and the cautionary rule regarding the evidence of an accomplice. I am satisfied that the Regional Magistrate was alive to the cautionary rules and that he applied them.

[7] At the conclusion of the trial, the learned Regional Magistrate conferred indemnity from prosecution on the accomplice. However, the accomplice had not been warned in terms of s 204 of the Criminal Procedure Act 51 of 1977. I doubt whether the court was empowered to confer indemnity on him in these circumstances. But nothing turns on this.

[8]      The denial by the petitioner of complicity in the crime is not, in the circumstances of this case, reasonably possibly true.

[9]      I am satisfied that the petitioner was correctly convicted.

[10]     The petitioner was sentenced to 15 years imprisonment. He is 48 and has a clean record.

[11]     I am of the opinion that another court may reasonably be of the view that the totality of the mitigatory facts may cause the court to decide that there are substantial and compelling circumstances present which would lead the court to impose a lesser sentence.

[12]     In the result:

1.       The application for condonation is granted.

3.       Leave is granted to the petitioner to appeal to the Full Bench of this Division against the sentence imposed upon him.

A A LANDMAN

JUDGE OF THE HIGH COURT

A M KGOELE

ACTING JUDGE OF THE HIGH COURT

DATED    :        28 AUGUST 2008