Jerry Bafana Peter Mathibela v The State

The appellant was convicted in 2005 in the North West Division (Garankuwa Circuit Court) of murder (read with s 51(1) of the Criminal Law Amendment Act 105 of 1997) and attempted robbery, and sentenced to life imprisonment and seven years’ imprisonment respectively. His initial application for leave to appeal was dismissed by the trial court. After petitioning the Supreme Court of Appeal (SCA), leave to appeal was granted in August 2016. The appellant, however, failed to comply with the SCA Rules by filing the notice of appeal, appeal record, and heads of argument timeously, resulting in the appeal lapsing. He then brought an application for condonation and reinstatement of the appeal, giving vague explanations for prolonged delays. The State opposed the application, contending that the delays were unreasonable and that there were no prospects of success on appeal.

The application for condonation and for the reinstatement of the appeal was dismissed.

The case reaffirms the strict approach of the Supreme Court of Appeal to condonation applications, emphasising compliance with procedural rules, the requirement of a detailed explanation for delay, and the necessity of demonstrating prospects of success. It underscores that prolonged and unexplained delays in criminal appeals undermine the administration of justice and finality of judgments.