THE FACTS
POGISHO THARI, an inmate at Grootvlei Prison, said he was sentenced to 25 years for a crime he didn’t commit. He said there were a number of contradictions in the evidence and testimonies that were presented and he believes his case was not proved beyond a reasonable doubt at his trial.
He was found guilty of robbery and assault but believes he was unfairly convicted and sentenced.
WHAT I DID
I spoke to Scorpion Legal Protection for professional legal advice.
SOLUTION
A person has 14 days from the date of the conviction to appeal and state grounds for the appeal. If that time had lapsed, they must apply for condonation, stating reasons for the late
application. If the appeal application is rejected, they have 21 days to file a petition with the chief justice of the Constitutional Court. The chief justice then
decides whether or not rejection was fair. If rejected, there’s nothing more can be done, but if it is accepted,
Pogisho will be given an opportunity to argue in favour of an appeal.
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