Court name
High Court
Case number
CA 42 of 2007
Case name
Swartbooi v S
Media neutral citation
[2009] NAHC 122





ON RESUMPTION ON 2008














CASE NO.: CA 42/07


NOT
REPORTABLE






IN THE HIGH COURT OF NAMIBIA











In the matter
between:











PIET FRANS SWARTBOOI
APPELLANT











and











THE
STATE RESPONDENT















CORAM: HOFF,
J.
et
PARKER, J











Heard
on: 2009.05.22







Delivered
on: 2009.05.22
(Ex
tempore)



___________________________________________________________________________



JUDGMENT:







HOFF.
J
: [1] This is
an appeal against a conviction on a charge of rape, two charges of
assault with intent to do grievous bodily harm and one charge of the
crime of theft, of which the appellant had been convicted of in the
Regional Court and he was collectively sentenced to 11 years
imprisonment.







[2] The
State took a point
in
limine;
that there
was no proper application for the condonation of the late filing of
his notice of appeal since the appellant filed his notice of appeal
one year and eight months after he had been convicted and sentenced.







[3] Appellant on
the day that he was sentenced in Regional Court was informed that he
had to file his Notice of Appeal within 14 days of that day that he
had been sentenced. He failed to file an application for leave to
appeal in the said period of 14 days. He stated in his application
for condonation that he was unable to find a person who could assist
him in drawing up this application for his notice of appeal since he
was a lay person and he did not know what to do.






[4] Now,
the proper procedure for an application for condonation for the late
filing of this notice of appeal is by way of an application supported
by an affidavit made by the accused or the appellant. There is no
such supporting affidavit. In any event, the explanation for his
failure to prosecute the appeal within the 14 days is unacceptable.
This Court therefore at this stage, cannot entertain this appeal, and
the appeal is accordingly removed from the roll.












___________


HOFF
, J.








I
agree














___________


PARKER, J











ON
BEHALF OF THE APPELLANT: IN PERSON





Instructed
by:











ON
BEHALF OF THE RESPONDENT: MR TRUTER





Instructed
by: OFFICE OF THE PROSECUTOR-GENERAL