SKWEYIYA J
[70] Nor has Mr Mpofu adequately explained why he brought two previous
applications to this Court for leave to appeal against his sentence in which this issue
was not raised.41 The interests of justice do not support this Court entertaining a
further application.
Condonation
[71] Nor do the interests of justice support the grant of condonation. Mr Mpofu is
well outside the time limits imposed by this Court’s Rules for lodging an
application.42 He has not motivated his significant delay; he has not explained its
extent nor accounted for the full period of the delay.43 I see no good reasons why
Mr Mpofu’s application for condonation should be granted and his case fails at this
juncture too.
Conclusion
[72] In the light of the above, I am of the view that the applications for condonation
and for leave to appeal should be refused.
41
See [6] above of the judgment of Van der Westhuizen J for a description of the applications, both of which
were dismissed.
42
Rule 19(2) of the Rules of the Constitutional Court provides in relevant part:
“A litigant who is aggrieved by the decision of a court and who wishes to appeal against it
directly to the Court on a constitutional matter shall, within 15 days of the order against which
the appeal is sought to be brought and after giving notice to the other party or parties
concerned, lodge with the Registrar an application for leave to appeal”.
43
See eThekwini Municipality v Ingonyama Trust [2013] ZACC 7; 2013 (5) BCLR 497 (CC) at para 28.
30
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