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.
____________
LTC Harms
Judge of Appeal
DG
Scott
Judge of Appeal