Orange Free State Provincial Division - 1983

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3 judgments

Citation	Judgment date
November 1983
Finbro Furnishers (Pty) Limited v Registrar of Deeds and Others (2374/83; 424/83) [1983] ZAOFPD 3 (11 November 1983) Applicant failed to show sufficient cause for condonation of late application for leave to appeal; both applications refused. Civil procedure – Condonation for late application for leave to appeal – burden on applicant to show sufficient cause – attorney’s negligence not a per se ground for condonation unless identified and satisfactorily explained – prospects of success relevant but not decisive.	11 November 1983
May 1983
S v Sethlabela (2015/82) [1983] ZAOFPD 1 (9 Mei 1983) Whether a s10(1)(e) rebuttable presumption was rebutted and whether the sentence was shockingly excessive. Criminal law – Drugs (dagga) – Section 10(1)(e) rebuttable presumption where dagga is found in vehicle under accused's control – evidential/onus to rebut presumption; appeal against conviction and sentence – appellate interference limited to misdirection or sentence inducing sense of shock; bail extension pending leave application.	9 May 1983
January 1983
S v Mooi en 'n Ander (100/83) [1983] ZAOFPD 2 (1 Januarie 1983) Application for leave to appeal dismissed — no reasonable prospect of a different finding on mitigating or aggravating circumstances. Criminal procedure — leave to appeal — test for leave to appeal is whether there is a reasonable possibility another court would reach a different conclusion; application for leave to appeal dismissed where trial court properly considered mitigating and aggravating circumstances in murder and robbery convictions.	1 January 1983