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12 Questions

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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?

Decisions on constitutional challenges Signup and view all the answers

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

'Constitutional jurisdiction is critical' Signup and view all the answers

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

'Res judicata' concerns Signup and view all the answers

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

The trial court and Full Court did not properly apply the principles of Ndhlovu. Signup and view all the answers

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

It was a confession and not an admission, which was barred by section 219 of the Criminal Procedure Act. Signup and view all the answers

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

The trial proceedings were rushed without proper deliberation. Signup and view all the answers

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

He was wrongly convicted and his appeal had no basis. Signup and view all the answers

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

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

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

It wrongly implicated him and was unreliable. Signup and view all the answers