Browsing: Appeal procedure

James Musa Motsitsi’s appeal has failed after the Supreme Court of Appeal found no evidence that he withdrew from a deadly common purpose, and ruled his delay in pursuing the appeal was unjustified.

The North West High Court reinstated a lapsed appeal despite a 12- month delay, finding that strong prospects of success arising from a Rule 14 irregularity outweighed the attorneys’ weak explanation for non-compliance, although they were ordered to pay costs.