Mandla Mandela denied leave to appeal conviction

2015-06-03 17:08
Mandla Mandela

Mandla Mandela (Muntu Vilakazi/City Press)

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Johannesburg - Mandla Mandela’s leave to appeal his conviction for an assault case was denied by the Mthatha Regional Court this afternoon, but he was allowed to appeal his sentence.

Mandela, the chief of Mvezo and grandson of former president Nelson Mandela, was found guilty of assault with intent to do grievous body harm in March after he beat up Mthatha teacher Mlamli Ngudle in a 2013 road-rage incident.

This morning the ANC MP was sentenced to two years’ imprisonment and was fined R10 000, R2 000 of which was suspended for a year.

Mandela’s lawyer, advocate Deon Pool, asked the magistrate for leave to appeal both the sentence and conviction, saying that another court might come to a different conclusion, more favourable to his client.

The application was opposed by the state.

Pool said Mandela should have been found guilty of common assault at the very least and argued that the state had failed to prove its case beyond reasonable doubt.

On the sentence, Pool argued Mandela should have been cautioned or discharged.

The state opposed, saying that the defence had no leg to stand on in bringing the appeal.

Mtutuzeli Rangula, for the state, said the judgment had been sound and considered all matters.

“The sentence did not over-emphasise the importance of the accused. There are no merits in the application,” Rangula said.

But in the end it was Magistrate Noluthando Conjwa’s word that was final, and she gave Mandela permission to appeal the sentence but not the conviction.

“I hold that another court might not come to a different view in as far as the conviction, so that application is denied. The application for leave to appeal the sentence has been granted,” she said. 
Read more on:    mandla mandela  |  crime

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