Mamela Maqhula v The State

The appellant was tried in the regional court in Port Elizabeth together with her two brothers on charges of assault with intent to do grievous bodily harm and kidnapping. It was alleged that the complainant had been tied to a pole by the brothers and that the appellant poured hot water over him. The appellant was acquitted of kidnapping but convicted on the competent verdict of common assault and sentenced to 18 months’ correctional supervision under s 276(1)(h) of the Criminal Procedure Act 51 of 1977. The regional magistrate refused leave to appeal. A petition to the Eastern Cape Division of the High Court under s 309C of the Criminal Procedure Act was also refused. The Supreme Court of Appeal granted special leave to appeal against the refusal of leave to appeal.

The appeal was upheld. The order of the Eastern Cape Division of the High Court refusing leave to appeal was set aside and replaced with an order granting the appellant leave to appeal to the Full Bench of the Eastern Cape Division of the High Court against her conviction for common assault.

The case reaffirms the correct test for granting leave to appeal in criminal matters under section 309 of the Criminal Procedure Act. It underscores that courts must focus on whether reasonable prospects of success exist, particularly where credibility findings, contradictions in evidence, and lack of objective or medical corroboration may justify reconsideration by an appellate court.