THE state has come out strongly to suggest in its heads of arguments that former education minister Katrina Hanse-Himarwa’s attempts to appeal her convictio in the Supreme Court has no prospects of success.
Hanse-Himarwa today lodged an application for leave to appeal in the Supreme Court her conviction, before High Court Judge Kobus Miller. She will be represented by South African Lawyer, Barry Roux. The state, represented by Advocate Ed Marondedze, is arguing that Hanse-Himarwa’s application is an afterthought as it was not brought during the prescribed period of time.
The state’s argument is that Hanse-Himarwa was content with the fine sentence she received and never intended to appeal.
“This court is entitled to refuse the applicant leave to appeal if it is of the view that there is absolutely no chance that an appeal court will come to a different decision than itself or when it is certain beyond a reasonable doubt that the appeal will fail. It is the respondent’s understanding that the court’s finding is that the applicant abused the power that came with her office as the Governor by assuming authority over the selection process as Governor when exerting such authority to compel the selection committee to give in and amend the list of beneficiaries. To successfully show that the applicant has prospects of appeal, it was expected of the applicant to show that the finding of this court was against the tenor of the evidence,” Advocate Marondedze argued.
Meanwhile, Hanse’s defense is that the evidence did not show that she acted corruptly in abusing her power.
Her legal team submitted that an abuse of power should not be equated to an intent to act corruptly and that another court may reasonably find that the evidence was not sufficient to justify a conviction.
The ruling on whether or not Hanse-Himarwa will be granted permission to approach the Supreme court will be passed down on 3 February by Judge Miller.