Criminal Procedure – Appeal – Convictions and sentences - 4 charges of Rape – Single witness – Incomplete record – Made out the crux of the case and what evidence was about – Complainant credible – Corroboration on facts soon after incidents - Appellant’s version rejected on justifiable grounds – Magistrate’s finding of facts cannot be disturbed – No misdirection – Minimum sentences mandatory – Cumulative effect not considered – Ameliorated by
Legislation – Parole – Prisons Act 8 of 1959, Prisons Act 17 of 1998 and Correctional Service Act 9 of 2012 – Court to consider which of the three Acts applies in respect of the applicants’ eligibility for parole consideration – Determinative
Criminal Procedure- Rape- Appeal against conviction and sentence- Condonation- Prospect of success- inadequate record of proceedings- Duty to keep proper record- Fair trial- Right to appeal.
Appeal – Conviction – Sentencing – Robbery with aggravating circumstances – Application for condonation – Incomplete record of proceedings – Condonation application dismissed.Criminal procedure – Appeal against sentence – Totality of evidence – Noting of appeal within time limit – Appellant’s version of even
Civil practice- law of contract - oral tacit partnership agreement- misrepresentation - mutually destructive versions - no official certificate/documents where plaintiff is reflected as (part) owner of business - requirements of partnership - no consensus between parties - defendant sole owner - Plaintiff’s claim dismissed.