Cwele co-accused claims rights' abuse

2013-03-07 12:03
Frank Nabolisa (File, Sapa)

Frank Nabolisa (File, Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - A convicted drug dealer will argue on Thursday that the infringement of his right to a fair trial led to an eight-year increase in his 12-year prison sentence.

Frank Nabolisa is applying for leave to appeal the ruling by the Supreme Court of Appeal (SCA).

He is expected to argue that the SCA disregarded provisions of the Criminal Procedure Act in reaching its decision, and caused a miscarriage of justice by increasing the sentence.

In his heads of argument, Nabolisa submitted that the State should have sought leave to appeal the sentence imposed on him by the KwaZulu-Natal High Court after he was found guilty, in May 2011, of drug dealing.

His counsel would argue that, without leave to appeal, no request to increase the sentence could have been entertained by the SCA.

The State submitted that it twice gave notice of its intention to seek an increase of the sentence on appeal, and that there was no peremptory form the notice should take.

It contended that the requirement of notice was a matter of substance, not form.

Nabolisa and his co-accused Sheryl Cwele - the former wife of State Security Minister Siyabonga Cwele - were found guilty under the Drug and Drug Trafficking Act and were each sentenced to 12 years' imprisonment.

Nabolisa appealed against his conviction and sentence to the SCA.

The State did not cross-appeal, but in its heads of argument, asked for an increase in the sentence to 15 years' imprisonment.

The State subsequently argued that the term be increases to 20 years, on the strength of recent case law.
- SAPA
Read more on:    sheryl cwele  |  frank nabolisa  |  pietermaritzburg  |  narcotics
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
11 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Joburg hot spots for cocktails, craft beer, tapas and wine!

It’s the season to be jolly – so we’ve rounded up some new Joburg hot spots!

 
 

I love summer.24

The craziest deaths of 2014
How to make this a sensual, sexy summer!
This is what South Africans Googled in 2014!
This hilarious song is your new holiday anthem

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

2DAYS ONLY – 30% off Appliances

Coffee makers, blenders, fans, juicers and more. T&Cs apply. Shop now!

2 DAYS ONLY – 40% off books

Get 40% off when you buy 2 books. For two days only! T&Cs apply. Buy now!

Up to 50% off on outdoor gear

Save on chairs, blankets, cooler bags, umbrellas and more. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

You may be emotionally defensive or reserved today. You need to step up today as there may be extra responsibilities to deal with....read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.