Convicted robber gets appeal

A CONVICTED KwaZulu-Natal robber has been granted leave to appeal against his convictions after to-ing and fro-ing between courts.

The Supreme Court of Appeal (SCA) found the regional court may have not identified evidence linking Kumbulane Zulu to firearms.

Zulu and his co-accused had appeared at the Verulam Regional Court on three counts of robbery with aggravating circumstances, three counts of possession of an unlicensed firearm and one count of possession of ammunition.

In April 2016, they were all convicted as charged.

Zulu was sentenced to 10 years in jail on each count of robbery with aggravating circumstances, five years in jail on each count of possession of an unlicensed firearm and two years for possession of ammunition.

Aggrieved by the decision of the regional court, he applied to that court for leave to appeal against all his convictions and sentences. His application was dismissed.

He then turned to the KwaZulu-Natal High Court, where his appeal petition was refused by two judges.

Having accepted that he had no prospect of success, Zulu applied for special leave to appeal to the SCA against the refusal of the high court.

The SCA found the evidence did not establish which of the accused was in possession of a hand grenade.

“It appears from the regional court judgment that it may have not identified evidence linking the applicant to the firearms found.

“There is therefore a reasonable possibility that another court could uphold the appeal on the conviction for the unlawful possession of firearm.

“The order of the high court is set aside and replaced with the following: leave to appeal in respects of counts four, five, six and seven is granted,” the SCA ruled.

Director of Public Prosecutions in KZN Elaine Zungu said: “We acknowledge the judgment and respect the court’s findings.”