Soni believes Constitutional Court will overturn his murder conviction

Rajivee Soni’s legal team has argued that last week’s Supreme Court of Appeal (SCA) judgement upholding his murder conviction contained “contentious issues involving constitutional matters and/or arguable points of law” that it believed has “reasonable prospects of success”.

Soni has petitioned the SCA for leave to appeal to the Constitutional Court on Counts 1-6 and has also asked the court to extend his current bail conditions. He says in papers filed with the SCA that he has fulfilled all previous conditions related to his bail and that he will be “severely prejudiced” by having to serve his sentence whilst the matter is being considered.

In relation to Count 1 Murder, Soni says in his affidavit that it is “not only unacceptably inconsistent but entirely impermissable for the state to have prosecuted Dlamini, Nxumalo and Treasurer in 2 separate trials on the basis that the common purpose between them

(to which I was not party) was to murder the deceased”.

“The principle that the state is bound to the facts which it has accepted and the facts which it presents in evidence has a sound basis in law. It is not only unfair to the accused for the state to accept a factual scenario in favour of the accused only for it to deviate from it to the prejudice of the accused when it seeks to prove an inconsistent case. It is opportunistic and improper to seek a conviction on two diametrically opposed cases and the State may not do so,” Soni argues in his affidavit.

He said the court committed a “grave error” when considering that there was proof beyond a reasonable doubt that he issued instructions to former policeman Brian Treasurer to kill Sewram. He said the cellular evidence relied upon by the court in its appraisal and understanding was “manifestly incorrect”.

Soni also objected to Sithebe’s evidence which he argues should have been excluded on the basis that the witness had died before cross examination had been completed. He says that by allowing that evidence to stand, his constitutional right to challenge evidence was violated.

“I accordingly submit that I have valid grounds of appeal to the Constitutional Court and have reasonable prospects of success on appeal,” said Soni.

At the time of publishing the NPA had not filed its responding, opposing affidavit. However Soni has presented himself to the Registrar of the High Court in accordance with his bail conditions and was taken to prison to commence his effective 23 years and seven months sentence confirmed by the SCA in its judgement last week.

Dr Bhavish, then 33 years old, was murdered outside his surgery in Raisethorpe on May 13, 2013. He was killed by assassins hired to execute him. Sabelo Dlamini fired the shots that killed him and he together with Mfaniseni Nxumalo and Brian Treasurer were convicted of the murder. Both the High Court and the SCA handed down judgements that found the evidence “overwhelming” that Soni was the mastermind of the execution and that he had orchestrated a campaign of terror against the doctor whom he believed was involved in a romantic relationship with his former wife.