IN THE HIGH COURT OF SWAZILAND
HELD AT MBABANE CRIM. APP. CASE NO.21/07
In the matter between: THE KING
VERSUS
BHEKITHEMBA KUNENE APPELLANT
Date of Consideration: 12 October, 2009 Date of Judgment: 12 October, 2009
ORDER ON APPEAL
MASUKU J.
[1] The above-named person was charged with two counts of rape and assault with intent to cause grievous bodily harm. He was convicted by the Principal Magistrate sitting in Nhlangano on both counts.
[2] Inexplicably, the learned trial Magistrate did not, in her judgment on sentence appear to deal at all with count
relating to the assault and as such no sentence was meted out in relation to that count.
[3] The learned Principal Magistrate is accordingly ordered, within fourteen (14) days of receipt of this Order, to clarify the position in order to enable this Court to finalise the appeal.
delivered in chambers in mbabane on this 12th day of october, 2009.
T.S. MASUKU
JUDGE
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