MAPONI GOING BACK TO PRISON

Thandaza Silolo (front) and Maponi Ngubani (wearing glasses) leaving the High Court with the other appellants after they appeared for their appeals yesterday.

MBABANE – The judgment to release convict Maponi Ngubane from prison, which was halted by the DPP who filed an appeal, was granted unprocedurally.
The Supreme Court yesterday struck Maponi’s matter off the roll of the court.

Acting Supreme Court Judges Robert Cloete, Cyril Maphanga and Mabandla Manzini heard the Direstor of Public Prosecution’s (DPP) appeal of the decision granted in favour of Ngubane.
In its judgment, the court pointed out that the court a quo handed down a reasoned judgment in respect of the conviction and in respect of the sentence, the matter was given careful consideration.

Ngubane lodged an appeal to the Supreme Court and again the court, according acting Judge Cloete, said the court handed down a fully reasoned judgment in terms of which it confirmed all of the convictions relating to Ngubane. “In some detail, the court dealt with the issue of sentencing and at the end of the judgment specifically confirmed the sentence imposed on the respondent (Ngubane).

“At the conclusion of the appeal, the judgment of the Supreme Court of Appeal clearly superseded the judgment of the original court a quo and as such became the final judgment,” said the acting judge. Acting Judge Cloete said it was beyond comprehension on what basis the court a quo decided that it had the necessary jurisdiction to in effect review the final decision of the Supreme Court.
“It clearly did not have such a right and should not have heard the matter in the first instance,” added the acting judge.

Ngubane approached the High Court seeking an interpretation of a judgment which was confirmed by the Supreme Court.
He  wanted to be released from jail and he filed an application for an order in the High Court for an order declaring that he has served all his sentences which were imposed by Judge Thomas Masuku, thus he should be set free.
However, his release was halted after the DPP filed an appeal of his High Court victory.  

On November 30, 2012, the Supreme Court, in its judgment, dismissed Ngubane’s appeal of the sentences and conviction and confirmed the decision of the High Court.
Xolani Mthethwa, who appeared on behalf of Ngubane during the appeal, informed the court that the reason behind seeking clarity of the judgment of the High Court was that the initial ruling, which was confirmed by the Supreme Court, had been delivered by the High Court.

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