IN THE HIGH COURT OF SOUTH AFRICA,

FREE STATE DIVISION, BLOEMFONTEIN

Reportable: YES/NO Of Interest to other Judges: YES/NO Circulate to Magistrates: YES/NO

 

Case number: 25/2019

 

 

In the matter between:

 

FUSI HAMILTON MOKOENA Applicant

 

and

 

THE STATE Respondent

 

 

JUDGMENT BY: MHLAMBI J,

 

 

DELIVERED ON: 01 FEBRUARY 2024

 

 

APPLICATION FOR LEAVE TO APPEAL

 

 

[1] In this application, the applicant sought an order that condonation be granted for the late service and filing of this application and founding affidavit as well as that leave to appeal against the applicant’s conviction and sentence be granted to the full bench of this court.

[2] In his heads of argument and subsequent correspondence, the applicant indicated that he wished to proceed with the application for leave to appeal against sentence only. He therefore abandoned the leave to appeal against the conviction.

[3] I have read both the applications for condonation and leave to appeal and I am satisfied that both should be granted.

[4] Consequently, I make the following order.

Order:

1. Condonation is granted for the late service and filing of the late filing of this application;

2. Leave to appeal against sentence to the Full Court of this Division is granted.

 

________________

MHLAMBI, J

 

 

 

 

 

 

Counsel for the applicant: Mr. P Peyper

Instructed by: Payper & Botha Attorney Inc.

39C First Avenue

Westdene

Bloemfontein

 

Counsel for the respondent: Adv. Pienaar

Instructed by: Director of Public Prosecutions

Waterfall Building

Bloemfontein