REPUBLIC OF NAMIBIA
IN THE HIGH COURT OF NAMIBIA, MAIN DIVISION, WINDHOEK
RULING ON APPLICATION FOR LEAVE TO APPEAL I.T.O SEC. 310(1) READ WITH S 310(2) OF CPA
Case Title: The State v Ndashaala Michael Layapulwa | Case No: HC-MD-CRI-APP-SLA-2024/00029 | |
Ruling on Application for state leave to Appeal | Division of Court: Main Division | |
Heard before: Mrs Justice Christiaan (IN CHAMBERS) | Delivered on: 21 October 2024 | |
Neutral citation: S v Layapulwa (HC-MD-CRI-APP-SLA-2024/00029) NAHCMD 618 (21 October 2024) | ||
The order: The application is accordingly struck from the roll. | ||
Reasons for decision: | ||
CHRISTIAAN J: [1] This is an application for leave to appeal in terms of the provisions of s 310(1) read with section 31(2) of the Criminal Procedure Act, Act 51 of 1977 as amended. [2] The two accused persons were discharged in the regional court, sitting at Rundu, on three counts of fraud, alternatively theft and four counts of forgery and uttering. [3] The matter was set down for hearing on 21 October 2024. [4] In S v Mujiwa1, Muller J who analysed the procedure in terms of s 310(1) held, inter alia, that a written notice of an application in terms of s 310(1) must be served on an accused person and that the application for leave to appeal is heard by a judge in chambers and does not require a hearing. [5] The Prosecutor-General appealed against the sentence imposed by the magistrate. In terms of section 310(1), the accused may within a period of 10 days of the serving of the notice upon him, lodge a written submission with the registrar who in turn shall submit such notice to the judge who is to hear the application. [6] I have perused the documents filed but I was unable to find any notice served on any one of the accused persons. [7] In the circumstances the application is not properly before me and stands to be struck off the roll. [8] In the result the following order is made: The application is accordingly struck from the roll. | ||
P CHRISTIAAN JUDGE | ||
1 S v Mujiwa 2007 (1) NR 34.