CASE NO.: CA 42/07

NOT REPORTABLE

IN THE HIGH COURT OF NAMIBIA

In the matter between:

PIET FRANS SWARTBOOI APPELLANT

and

THE STATE RESPONDENT

CORAM: HOFF, J. et PARKER, J

Heard on: 2009.05.22

Delivered on: 2009.05.22 (Ex tempore)

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JUDGMENT:

HOFF. J: [1] This is an appeal against a conviction on a charge of rape, two charges of assault with intent to do grievous bodily harm and one charge of the crime of theft, of which the appellant had been convicted of in the Regional Court and he was collectively sentenced to 11 years imprisonment.

[2] The State took a point in limine; that there was no proper application for the condonation of the late filing of his notice of appeal since the appellant filed his notice of appeal one year and eight months after he had been convicted and sentenced.

[3] Appellant on the day that he was sentenced in Regional Court was informed that he had to file his Notice of Appeal within 14 days of that day that he had been sentenced. He failed to file an application for leave to appeal in the said period of 14 days. He stated in his application for condonation that he was unable to find a person who could assist him in drawing up this application for his notice of appeal since he was a lay person and he did not know what to do.

[4] Now, the proper procedure for an application for condonation for the late filing of this notice of appeal is by way of an application supported by an affidavit made by the accused or the appellant. There is no such supporting affidavit. In any event, the explanation for his failure to prosecute the appeal within the 14 days is unacceptable. This Court therefore at this stage, cannot entertain this appeal, and the appeal is accordingly removed from the roll.

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HOFF , J.

I agree

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PARKER, J

ON BEHALF OF THE APPELLANT: IN PERSON

Instructed by:

ON BEHALF OF THE RESPONDENT: MR TRUTER

Instructed by: OFFICE OF THE PROSECUTOR-GENERAL