Mandla Sithole v The State

The appellant, Mandla Sithole, was convicted in the Regional Court, Standerton, Mpumalanga on two counts of murder arising from a traffic collision that occurred on 4 April 2009 at Charl Cilliers. The collision resulted in the deaths of Ms Jeaneth Nontlantla Ngema and Mr Vusimuzi Petrus Ngema, the driver of the other vehicle involved. Sithole was sentenced to eight years’ imprisonment on each count, to run concurrently. He applied for leave to appeal against conviction and sentence; leave was granted only in respect of sentence. His subsequent petition to the Gauteng Division of the High Court for leave to appeal against conviction was refused, prompting an appeal to the Supreme Court of Appeal.

The appeal was upheld. The order of the High Court was set aside and replaced with an order granting the appellant leave to appeal to the Gauteng Division of the High Court against his convictions on two counts of murder. The matter was remitted to the High Court to hear the merits of the appeal.

The case underscores the principles governing leave to appeal in criminal matters and affirms that where reasonable prospects of success exist, leave to appeal should be granted. It also illustrates the supervisory role of the Supreme Court of Appeal over refusals of leave to appeal by lower courts.