IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

Case No.:
In the matter between:

BONGINKOSI GIFT KHANYILE Applicant

and

THE STATE Respondent

APPLICATION FOR LEAVE TO APPEAL

TAKE NOTICE THAT the applicant applies urgently to this court in accordance with the
provisions of section 167(3)(b)(i) and (ii) of the Constitution and Rule 19 of the
Constitutional Court rules for an order in the following terms:

1. In terms of Rule 12 of the Rules of this Court, dealing with this matter as one of

urgency and dispensing with the rules relating to the service and filing of papers.

2. Granting the applicant leave to appeal to the Constitutional Court against the
decision of the Supreme Court of Appeal dated 18 January 2017, refusing the
applicant leave to appeal, and the judgment of the Durban High Court, dated 22
December 2016, dismissing the appeal of the applicant.

3. Setting aside and replacing the decision of the High Court with an order in the
 following terms.

3.1 The appeal is upheld.

3.2 The applicant is forthwith released on bail, subject to any reasonable

conditions that may be imposed by the Court.

3.3 Costs in the event of opposition.

3.4 Further and/or alternative relief.

4. The Chief Justice is kindly requested to issue directions as to the further conduct
of the matter.

TAKE NOTICE that the accompanying affidavit of BONGINKOSI GIFT KHANYILE will
be used in support thereof.

DATED AT _________________ON THIS THE ____________OF JANUARY 2017.

_______________________________
ATTORNEYS FOR THE APPLICANT

FARRELL INC. ATTORNEYS

271 Problem Mkhize Road

DURBAN 4001

P O Box 78045
AVONDALE ROAD, 4101

Docex 29 DURBAN

Email: dunstan@farrell.co.za

Tel: (031) 312 4242

Fax: 086 615 9446

Ref: D FARRELL/ECO1.1

C/O CHARMAIN GIBBENS

6DE VI, MARBLE TOWERS

CNR. JEPPE & VON WIELIGH STREETS

P.O. BOX 2469

TEL: (011) 333 1054

FAX: (011) 336 9673

EMAIL: krabelo@cgibbens.co.za

TO: THE REGISTRAR OF THE

ABOVE HONOURABLE COURT

AND
TO: THE NATIONAL DIRECTORATE OF
PUBLIC PROSECUTIONS
SOUTHERN LIFE BUILDING
88 JOE SLOVO STREET

DURBAN
4001

REF: STATE VS BONGINKOSI GIFT KHANYILE

CASE NUMBER: 23/15869/16