Nginase v S (CA&R194/2014) [2015] ZAECGHC 120

6th November 2015

Nginase v S (CA&R194/2014) [2015] ZAECGHC 120

Photo by: Duane Daws

[1] The appellant herein was charged and subsequently convicted by the Regional Court in East London of murder read with the provisions of section 51 (2) of the Criminal Law Amendment Act 105 of 1997. He was sentenced to undergo imprisonment for a period of twelve (12) years.

[2] He now appeals to this Court against the conviction only. The appellant was legally represented throughout the proceedings in the trial Court.

[3] The appellant’s grounds of appeal are that the Court a quo should not have relied on the evidence of the state witnesses Simphiwe Sheleni, Andisiwe Noqoko and Bulelwa Elda Loliwe because they were biased in favour of the state. It was further contended by the appellant that the evidence of the state witnesses was riddled with inconsistences and contradictions.