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Appeal Application in Case CCT 126/13
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Appeal Application in Case CCT 126/13

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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</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'</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</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.</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.</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.</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.</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.</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.</p> Signup and view all the answers

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