Khantsho Llale v The State

The appellant, Khantsho Llale, was arrested on 17 August 2013 at FNB Stadium and charged together with two co-accused in the Regional Court, Gauteng, Johannesburg. They faced charges of attempted theft of a white Toyota Hilux motor vehicle and theft of three wheel caps from another vehicle. At the close of the State’s case, they were acquitted on the theft charge but convicted on 12 May 2014 of attempted theft of a motor vehicle, based primarily on the evidence of a single witness. Each was sentenced to three years’ imprisonment. Applications for leave to appeal were refused by the trial court. The appellant petitioned the Judge President under s 309C of the Criminal Procedure Act 51 of 1977, but his petition was dismissed, while those of his co-accused were granted and their convictions were later set aside on appeal. The appellant then sought special leave to appeal to the Supreme Court of Appeal.

The appeal was upheld. The order of the court a quo dismissing the appellant’s petition was set aside and replaced with an order granting the appellant leave to appeal to the High Court against his conviction and sentence under s 309C of the Criminal Procedure Act 51 of 1977.

The case is significant for clarifying the approach to special leave to appeal in criminal matters, particularly where co-accused have already succeeded on appeal. It underscores the importance of careful evaluation of single-witness evidence and confirms that inconsistent or improbable evidence may establish reasonable prospects of success on appeal.