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IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF THE WESTERN CAPE

HELD AT CAPE TOWN

CASE NO: 33/8/2007

In the matter between:

BONGANI MAKUBOLO APPLICANT

And

THE STATE RESPONDENT

__________________________________________________________________________

APPLICATION FOR CONDONATION OF LATE FILING OF NOTICE OF APPEAL IN


TERMS OF SECTION 309 (2) OF ACT 51 OF 1977
__________________________________________________________________________

BE PLEASED TO TAKE NOTICE THAT the abovementioned Applicant will make application
on the 21st of July 2009 alternatively on the postponed date of this Appeal, for an order
condoning the late filing of the Applicants notice of Appeal herein.

The application is based on the following grounds:


1. The Applicant was represented by a private legal representative during the trial.
2. After sentencing the Applicant let this legal representative know that he wished to
appeal and they entered into negotiations regarding payment.
3. Unfortunately at that time the Applicant had no source of income and his family was
not in the position to help him financially and he could not afford the services of a
private legal representative.
4. The Applicant was not aware that he could lodge an Application for Appeal himself or
that he could apply for Legal Aid to assist him.
5. He only became aware of this after he spoke to other inmates at the prison and he
then proceeded to start with the Appeal process on his own.
6. The steps taken by the Applicant in his application for appeal are fully set out in his
Supporting Affidavit annexed hereto marked ANNEXURE A.

TAKE FURTHER NOTICE that the Applicant has appointed Cape Town Justice Centre
(Legal Aid Board) at which he will accept notice and service of all process in these
proceedings.
KINDLY place the matter on the roll for hearing accordingly.

DATED at CAPE TOWN on this 21st day of July 2009.

________________________

PER: Ms P. Fick
Attorneys of the Applicant
Cape Town Justice Centre
(Legal Aid Board)
5th Floor, Nedbank Building
St Georges Mall
CAPE TOWN
8000
Tel: (021) 426 4126

TO: THE CLERK OF THE COURT


REGIONAL COURT
CAPE TOWN

AND TO: THE DIRECTOR OF PUBLIC PROSECUTIONS


P/a Snr Public Prosecutor
CAPE TOWN
ANNEXURE A

IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF THE WESTERN CAPE
HELD AT CAPE TOWN

CASE NO: 33/08/2007

In the matter between:

BONGANI MAKUBOLO APPLICANT

And

THE STATE RESPONDENT

__________________________________________________________________________

SUPPORTING AFFIDAVIT
__________________________________________________________________________

I, the undersigned
BONGANI MAKUBOLO
Declare under oath as follows:

1. The facts contained herein are within my personal knowledge true and correct unless
stated to the contrary.
2. I am the Applicant in the above matter and was convicted on charges of Robbery,
Kidnapping and Possession of unlicensed firearm on the 15 th of September 2008.
3. I was sentenced to an effective 16 years direct imprisonment.
4. At the trial proceedings I was represented by a private legal representative and after
my conviction and sentence I decided that I wanted to appeal.
5. I then got into contact with my former legal representative and I told him that I wanted
him to lodge an Application for Leave to Appeal on my behalf.
6. We then entered into negotiations with regard to payment and after I had consulted
with my family I was told that there were no finances available for me to appoint my
former legal representative to conduct the Application on my behalf.
7. At the time I was not aware that I could lodge the Application myself or that I could
apply for Legal Aid.
8. I only became aware of this after I spoke to other inmates at Pollsmoor prison where I
was serving my sentence.
9. I then approached the relevant members who assisted inmates with Appeals and on
the 17th of October 2008 I lodged my Application from Pollsmoor.
10. Subsequent to doing this I was transferred to Drakenstein Prison and I heard nothing
further with regard to my Application.
11. I then approached one of the staff members at Drakenstein to find out what was
happening to my Appeal and I was referred to a Mr. Drude who deals with Appeals at
Drakenstein.
12. I explained to him that I had lodged my application from Pollsmoor and that I hadnt
heard anything further since I was transferred.
13. He explained that he could not help me with the Application that I had already lodged
but that I could resubmit a new Application.
14. I had a copy of the Application I had sent from Pollsmoor and I gave it to Mr. Drude
and he then faxed it through to the court.
15. I was later informed that the Clerk of this Honorable Court had indeed received my
documents from Prison.
16. I then later received notice that I would be appearing in court.
17. I am not sure about the dates when this was done.
18. Shortly after this I was brought back to Court 31 and I was informed about Legal Aid.
19. I then informed the court that I wanted Legal Aid to assist me in this endeavor and was
told that on the next date there would be a Legal Aid attorney available to assist me
with this matter.
20. The next date that I was brought back to court was on the 4 th of June 2009 at which
time my present attorney came on record for me and started this application.
21. It is by the reasons as stipulated above that I hereby declare that my inhibition to
appeal within the relevant time period was not due to my own fault, but due to
unforeseen circumstances.
22. I therefore, under the circumstances as mentioned above humbly request that the
Honorable Court condone the late filing of my notice of appeal.

___________________
BONGANI MAKUBOLO
THUS SWORN AND SIGNED TO BEFORE ME at CAPE TOWN on this 21ST day of JULY
2009, the Deponent having acknowledged that he knows and understands the contents of
this affidavit, that he has no objections to taking the prescribed oath which he considers
binding on his conscience.
COMMISSIONER OF OATHS______________________________
FULL NAMES__________________________________________
DESIGNATION_________________________________________
ADDRESS_____________________________________________
_____________________________________________

_____________________________________________
IN THE MAGISTRATES COURT FOR THE DISTRICT OF THE CAPE HELD AT CAPE
TOWN

CASE NO: 20/676/2010

In the matter between:

PAULINE KNIPE APPLICANT

And

THE STATE RESPONDENT

APPLICATION FOR LEAVE TO APPEAL IN TERMS OF SECTION 309B OF THE


CRIMINAL PROCEDURE ACT, 1977 (ACT 51 OF 1977)
__________________________________________________________________________

BE PLEASED TO TAKE NOTICE THAT the above-mentioned Applicant will make


Application on the postponed date for leave to appeal to the High Court against the
conviction and the sentence on the charge of Assault Common, imposed on 25 January
2011 by Magistrate Mr. V. Mhlanga (at Cape Town) in the above Honourable Court.

The application will be based on the following grounds:

AD CONVICTION:

1. The learned magistrate erred in the following respects:

1.1 The learned Magistrate put to much emphasis on the background of the
parties as well as the character of the accused.

1.2 The testimony of the two state witnesses was not consistent with each other
and the second state witness as also the husband of the first state witness
(the complainant). The second state witness testified that he did not even see
the accused when the alleged incident took place, but that he only heard her
voice.

1.3 In finding that the accused version could be reasonably possibly true in that
on the day in question the accused was working in her garden and when she
saw the complainant she went in to her house and proceeded to phone her
friend, the defence witness. The accused testified that she said nothing to the complainant
and that she had not spoken to the complainant in years.

1.4 It is also the accuseds further submission that another court may come to a
different decision when presented with the above facts.

AD SENTENCE:

1.1 The accused is 53 years old.


1.2 The accused is a pensioner.
1.3 The accused lives alone and she has no family to support her financially.
1.4 The amount of R5000.00 is excessively high if one takes into account the accused
personal circumstances.
1.5 The accused is a first offender.

KINDLY TAKE NOTICE THAT the Applicant reserves the right to amend and/or add to
this Notice upon receipt of the learned Magistrates written judgement imposed on the said
date.

DATED at CAPE TOWN on this 29th DAY of MARCH 2011


________________________
PER: Ms E van Schalkwyk
Attorneys of the Applicant
Cape Town Justice Centre
(Legal Aid Board)
5th Floor, Nedbank Building
St Georges Mall
CAPE TOWN
8000
Tel: (021) 426 4126
TO: THE CLERK OF THE COURT
REGIONAL COURT
CAPE TOWN

AND TO: THE DIRECTOR OF PUBLIC PROSECUTIONS


P/a Snr Public Prosecutor
CAPE TOWN
POWER OF ATTORNEY

I, the undersigned:

BONGANI MAKUBOLO

Do, hereby appoint, PATRICIA FICK, of CAPE TOWN JUSTICE CENTRE, with the
power of substitution, to be my lawful agent for prosecuting an Appeal against the
conviction handed down by the learned Magistrate, Ms. W van der Merwe at CAPE
TOWN on the 15th of September 2008.

With full power and authority for me and in my name, place and stead and for my benefit
and generally for affecting the purposes aforesaid to do or cause to be done whatsoever
shall be required.

And I hereby further ratify and agree to ratify, everything which my agent shall do under
this Power of Attorney.

_____________________
BONGANI MAKUBOLO

SIGNED AND DATED AT CAPE TOWN ON THIS THE 21ST DAY OF JULY 2009.