Dlamini v Rex (17 of 2013) [2016] SZSC 62 (30 June 2016)

# Dlamini v Rex (17 of 2013) [2016] SZSC 62 (30 June 2016) [ __](https://api.whatsapp.com/send?text=https://eswatinilii.org/akn/sz/judgment/szsc/2016/62/eng@2016-06-30) [ __](https://twitter.com/intent/tweet?text=https://eswatinilii.org/akn/sz/judgment/szsc/2016/62/eng@2016-06-30) [ __](https://www.facebook.com/sharer/sharer.php?u=https://eswatinilii.org/akn/sz/judgment/szsc/2016/62/eng@2016-06-30) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://eswatinilii.org/akn/sz/judgment/szsc/2016/62/eng@2016-06-30) [ __](mailto:?subject=Take a look at this document from EswatiniLII: Dlamini v Rex \(17 of 2013\) \[2016\] …&body=https://eswatinilii.org/akn/sz/judgment/szsc/2016/62/eng@2016-06-30) [ Download DOC (54.5 KB) ](/akn/sz/judgment/szsc/2016/62/eng@2016-06-30/source) Toggle dropdown * [Download PDF](/akn/sz/judgment/szsc/2016/62/eng@2016-06-30/source.pdf) Report a problem __ * Share * [ Download DOC (54.5 KB) ](/akn/sz/judgment/szsc/2016/62/eng@2016-06-30/source) * [Download PDF](/akn/sz/judgment/szsc/2016/62/eng@2016-06-30/source.pdf) * * * * * Report a problem __ ##### Dlamini v Rex (17 of 2013) [2016] SZSC 62 (30 June 2016) Copy citation * __Document detail * __Related documents Citation Dlamini v Rex (17 of 2013) [2016] SZSC 62 (30 June 2016) Copy Media Neutral Citation [2016] SZSC 62 Copy Court [Supreme Court of eSwatini](/judgments/SZSC/) Case number 17 of 2013 Judges [Langwenya AJA](/judgments/all/?judges=Langwenya%20AJA), [Cloete AJA](/judgments/all/?judges=Cloete%20AJA), [Maphanga AJA](/judgments/all/?judges=Maphanga%20AJA) Judgment date 30 June 2016 Language English Court Roll [Download PDF](/akn/sz/judgment/szsc/2016/62/eng@2016-06-30/attachment/dlamini-v-rex-2016-szsc-62-30-june-2016.pdf) (184.9 KB) * * * Skip to document content **IN THE SUPREME COURT OF SWAZILAND** **JUDGMENT** Criminal Appeal Case No. 17/2013 In the matter between: **SIPHAMANDLA HENSON DLAMINI** Applicant And **REX** Respondent **Neutral Citation:** Siphamandla Henson Dlamini v Rex _(17/2013)_[2016] _SZSC 62 (30 June 2016)_ **Coram: R. CLOETE AJA, C. MAPHANGA AJA, and M. LANGWENYA AJA** **Heard: 13 MAY 2016** **Delivered: 30 JUNE 2016** _Summary: Criminal Procedure_ _–_ _Conviction of murder_ _–_ _Sentenced to fifteen years imprisonment_ _–_ _Applicant appealed against decision of the High Court and his appeal was dismissed by the Supreme Court in November 2014_ _–_ _Applicant abandoned appeal against sentence_ _–_ _Application for review_ _–_ _Sentence was not backdated_ _–_ _Applicant’s heads of argument reflect Application for review of Supreme Court decision under Section 148(2) of the Constitution_ _–_ _No formal application under Section 148(2) of the Constitution filed_ _–_ _Matter removed from the roll pending filing of formal application for review._ JUDGMENT _**M. LANGWENYA AJA**_ [1] The appellant was charged with the murder of Thulasizwe Msibi on 12 March 2011 at or near Mathendele location, Shiselweni. Despite his plea of guilty, the appellant was convicted in the High Court of murder and sentenced to fifteen years imprisonment. The sentence was not backdated to the time the applicant spent in custody before his matter was finalized at the High Court. The applicant had spent a period of five months in custody before he was convicted and sentenced. [2] On 4 November 2014 the applicant appealed to the Supreme Court against conviction and sentence. The applicant’s appeal against conviction was dismissed. The applicant’s legal representative abandoned the appeal against sentence. Accordingly, the Supreme Court dismissed the applicant’s appeal against both conviction and sentence. [3] On 29 April 2016 the applicant filed his heads of argument where he purported to make application for review under section 148 (2) of the Constitution without filing a formal application for review. [4] Respondents raised a point of law, namely that the matter was _res judicata_. [5] Applicant’s Counsel conceded that he had not filed a formal application for review and undertook to do so as soon as possible. [6] Pending filing of a proper application for review under section 148(2) of the Constitution, the matter was removed from the roll. **_____________________________** **M. LANGWENYA AJA** I agree **_____________________________** **R. CLOETE AJA** I agree **_____________________________** **C. MAPHANGA AJA** **For Appellant:** Mr S. Mthethwa **For Respondent:** Mr. F. Gamedze #### __Related documents ▲ To the top >