Appeal Application in Case CCT 126/13
12 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What was the basis of the first application brought by Mr Molaudzi?

  • Factual findings of the trial court (correct)
  • Constitutional challenge
  • Appeal against convictions and sentences
  • Res judicata arguments

Why did the Full Court reject the arguments on appeal in the related cases of Mr Mhlongo and Mr Nkosi?

  • Unrelated legal issues
  • Lack of constitutional validity in the evidence
  • No reasonable prospects of success (correct)
  • Improper application process

What key issue did Mr Molaudzi argue was different between his first and second applications?

  • Jurisdiction of the Full Court
  • Factual findings
  • State's submissions
  • Constitutional tenability of evidence (correct)

Why did Mr Molaudzi believe that his second application was not res judicata?

<p>Decisions on constitutional challenges (A)</p> Signup and view all the answers

What was the State's stance on Mr Molaudzi's argument about raising constitutional issues?

<p>'Constitutional jurisdiction is critical' (C)</p> Signup and view all the answers

What prompted the Court to issue further directions to the parties regarding Mr Molaudzi's second application?

<p>'Res judicata' concerns (A)</p> Signup and view all the answers

What was Mr. Molaudzi's main argument in his first application to the Court?

<p>The trial court and Full Court did not properly apply the principles of Ndhlovu. (C)</p> Signup and view all the answers

Why did Mr. Molaudzi argue that the extra-curial statement of Mr. Matjeke was inadmissible?

<p>It was a confession and not an admission, which was barred by section 219 of the Criminal Procedure Act. (A)</p> Signup and view all the answers

What did Mr. Molaudzi claim as the reason for the trial court being procedurally unfair?

<p>The trial proceedings were rushed without proper deliberation. (D)</p> Signup and view all the answers

Why did Mr. Molaudzi's first application to the Court fail according to the judgment?

<p>He was wrongly convicted and his appeal had no basis. (D)</p> Signup and view all the answers

On what basis did Mr. Molaudzi argue that the trial court and Full Court erred?

<p>In admitting hearsay evidence without considering all factors in section 3(1)(c) of the Evidence Amendment Act. (C)</p> Signup and view all the answers

What did Mr. Molaudzi claim about Mr. Matjeke's evidence?

<p>It wrongly implicated him and was unreliable. (B)</p> Signup and view all the answers

More Like This

Leave No Trace Principle Quiz
12 questions
Leave Policy - India Overview
10 questions
Special Leave in Legal Appeals
10 questions
Use Quizgecko on...
Browser
Browser