06 Aug 2023

 The Court of Appeal on Friday(August 4) dismissed Given Massawe’s appeal on the basis that it was made out of time.

A CoA bench made of Tebogo Tau, Leatile Dambe and Mercy Garekwe concluded that the notice of appeal reached the registrar of the High Court outside the six weeks period stipulated by the rules and thus out of time.

Delivering the ruling, Judge Garekwe said, “the only cure was for the appellant to apply for leave before this court to lodge his appeal out of time, something he has failed to do.

There is thus no appeal before this court.”

Massawe was charged, prosecuted and convicted of the offence of Trafficking in Persons contrary to section 9(1) of the Anti-Human Trafficking Act.

He was sentenced to imprisonment term of 10 years by the High Court in December 30, 2021.

In calculating the six weeks in which Massawe was expected to have made his appeal, Ms Garekwe said the notice of appeal ought to have reached the registrar of the below court on or before February 9, 2022.

Judge Garekwe said the stamp that was affixed to the notice of appeal bore the date of March 1, 2022, meaning that the appeal was delivered to the registrar of the below court outside the stipulated time frame.

Accordingly, Ms Garekwe said in the face of lateness, there was procedure that the appellant ought to have embarked upon.

She said where the time allowed for the lodging of an appeal had lapsed, an application for leave to appeal out of time had to be filed with the registrar of the CoA with a copy to the registrar of the below court.

“Such application to be accompanied by an affidavit giving an acceptable reason for the delay and further accompanied by a draft notice and grounds of appeal showing reasonable prospects of success if leave is to be granted,” said Judge Garekwe. ENDS