NOT
REPORTABLE
CASE NO.: CA 40/2011
IN THE HIGH COURT OF NAMIBIA
In the matter between:
JAN SWARTBOOI
…............................................................................APPELLANT
and
STATE
….........................................................................................RESPONDENT
CORAM: HOFF J et
SIBOLEKA, J
Heard on: 28 October 2011
Delivered on: 28 October 2011
(Ex tempore)
JUDGMENT
HOFF J: [1] So
the appellant was convicted on a charge of stock theft and
sentenced on the 10 November
2008.
[2] A notice of appeal against
the sentence was filed on the 9 September 2011 as is evident from the
date stamp of the clerk of the Court employed by the Ministry of
Justice.
[3] The rules of the
Magistrate’s Court Act provides that appellant must file such
notice of appeal within the period of 14 days after he or she has
been sentenced.
[4] Where an accused person
fails to file the notice of appeal within the prescribed period an
application for condonation of late filing of such notice must be
launched by such an accused person. In such condonation application
which must be on affidavit, the accused must explain the reason or
the reasons for the late filing of such notice of appeal and must
also deal with the merits of the case on appeal.
[5] Whereas in this case where
there is in this case no such condonation application the Court is in
no position to consider the appeal.
[6] In the result this appeal
is accordingly struck from the role.
________
HOFF J
I agree
______________
SIBOLEKA, J
ON BEHALF OF THE APPELLANT:
In Person
Instructed by :
COUNSEL ON BEHALF OF THE
RESPONDENT: Adv. Nyoni
Instructed by: Office of the
Prosecutor General
S v Swartbooi (CA 40/2011) [2011] NAHC 333 (28 October 2011);