Publication: Issued: Date: Reporter:

 Appeal Petition Ruling : Schabir Shaik and Others v The State

Case  No. :  410/2005

The following order is made :

Ad Count 1

(a)  The application of the first, second, fourth, fifth, sixth, seventh, eighth, ninth, tenth and eleventh applicants for leave to appeal against their convictions and the application of the first applicant against sentence are referred for oral argument in terms of s 21 (3)(c)(ii) of the Supreme Court Act 59 of 1959 at the hearing of the appeal on those counts in respect of which leave to appeal is granted. [The parties must be prepared, if called upon to do so, to address the court on the merits in terms of s 21 (3)(c)(ii) of the Act.]

(b)  To the extent that the third applicant's application for leave to appeal against its conviction was refused by the court a quo, the application is similarly referred for oral argument.

(c)  Leave is granted to the second, third, fourth, fifth and eighth applicants to appeal against the sentences imposed by the court a quo. Leave to appeal against the sentences imposed on the sixth, seventh, ninth, tenth and eleventh applicant is refused.

Count 2

(i)  Leave to appeal is granted to the first, third, fourth, seventh, ninth and tenth applicants against their convictions to the extent that such leave was refused by the court a quo.

(ii)  The application for leave to appeal against the sentences imposed on this count is refused.

Count 3

(i)   Leave to appeal is granted to the first, fourth and fifth applicants against their convictions to the extent that such leave was refused by the court a quo.
(ii)  The application of the fourth and fifth applicants for leave to appeal against the sentences imposed by the court a quo is refused.
(iii)  The application of the first applicant for leave to appeal against the sentence imposed by the court a quo is referred for oral argument as in count 1.

 

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LTC  Harms
Judge of Appeal


DG Scott
Judge of Appeal

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