Thembinkosi Mekuto v The State

On 18 December 2007, armed robbers attacked two security guards transporting money from a Pick n Pay supermarket to an Absa Bank in Hermanus. Although the guards complied with demands to drop the money, the robbers shot at them at close range. One guard was killed and the other survived due to his bulletproof vest. The robbers fled with the money, crashed their getaway vehicle, and were arrested nearby with firearms and the stolen money recovered. The applicant, Thembinkosi Mekuto, was one of five accused and was convicted of robbery with aggravating circumstances, murder, attempted murder, unlawful possession of firearms, and unlawful possession of ammunition. He received sentences including life imprisonment for murder and 15 years’ imprisonment for attempted murder.

Condonation for late filing was granted. The application for reconsideration was granted only in respect of the sentence for attempted murder. The appeal against the sentence on count three was upheld, the sentence of 15 years’ imprisonment was set aside, and replaced with a sentence of 10 years’ imprisonment antedated to 15 December 2010. The application for reconsideration was otherwise dismissed.

The case clarifies the strict requirements for reconsideration of a refusal of special leave to appeal under section 17(2)(f) of the Superior Courts Act. It reaffirms the approach to minimum sentencing under the Criminal Law Amendment Act, the precedence of that Act over other sentencing statutes, and confirms that disparity in sentencing outcomes between co-accused may constitute special circumstances justifying appellate intervention, particularly in relation to common-law offences.