Lungisa Grifhs v The State

The appellant, Lungisa Grifhs, was convicted in the Regional Court, Mthatha, together with two co-accused, of murder in terms of s 1(1) of the Criminal Law Amendment Act 105 of 1997. Although substantial and compelling circumstances were found, he was sentenced to 16 years’ imprisonment. His applications for leave to appeal against conviction and sentence were dismissed by both the Regional Court and, on petition, by the Eastern Cape Division of the High Court. The conviction was based on the evidence of a single witness, Mr Bavu, whose oral testimony allegedly conflicted with his prior written statement to the police. The appellant approached the Supreme Court of Appeal for special leave to appeal against the refusal of his petition.

The appeal was upheld. The order of the High Court refusing the petition was set aside and replaced with an order granting the appellant leave to appeal against both conviction and sentence.

The case reaffirms the threshold for granting leave to appeal in criminal matters and underscores the caution required when convictions are based on the evidence of a single witness. It illustrates the supervisory role of the Supreme Court of Appeal in ensuring that lower courts properly assess reasonable prospects of success, particularly where evidentiary inconsistencies may undermine a conviction.