C. of A.
(CRI) No. 15-16 of 1980

IN THE
LESOTHO COURT OF APPEAL

In the
Application of:

NTETI
MAKAMOLE 1st Applicant

TENTENKI
RABIRI 2nd Applicant

v

REX Respondent

HELD AT
MASERU

CORAM:

MAISELS,
P.

DENDY
YOUNG, A.J.A.

SCHUTZ,
A.J.A.

(BAIL
APPLICATION)

JUDGMENT

Maisels,
P.

This
matter comes before us by way of application by two persons who were
convicted in the High Court and sentenced at the end of
last year.
The application appears to be brought in terms of section 14 of the
Court of Appeal Act which provides that this Court
or the High Court
may if it deems fit on the application of an appellant and pending
the determination of his appeal

1. admit
   appellant to bail;

   
   

2. postpone
   the payments of any fine imposed upon him.

   
   

When Mr
Matlhare, who appeared for the applicants, commenced his argument
today it was pointed out to him by the Court that the
applicants are
not in the position

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of
appellants as no notice of appeal has been filed. Neither this Court
nor the High Court has any juris­diction to hear a matter
of this
nature until the notice of the appeal has been filed.

In order
not to prejudice the applicants in regard to any application or
future application they may wish to make to High Court,
I wish to
make clear that this present application is being dismissed for want
of jurisdiction in the sense that this Court cannot
consider the
matter at all until a notice of appeal has been filed.

If and
when a notice of appeal is filed, the applicants may if they so
desire make an application to the High Court or possibly
to this
Court for the applicants to be admitted to bail. I may say, although
this is not necessary for the purpose of decision
in this case that
one of the matters to which the applicants ought to give
consideration is the question of reasonable prospects
of success on
the appeal - I merely mention this in passing. I think the proper
order to be made in the interest of the applicants
is that the
application should be struck off.

SIGNED: I.A. MAISELS PRESIDENT

Dendy
Young, A.J.A.

Save for
the penultimate sentence, I agree with what has fallen from the
learned Judge President and with the order he proposes.

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As
presently advised I do not "think it necessary for an appellant
applying for bail pending an appeal to allege or show that
there are
reasonable prospects of success in the appeal; an arguable case is
the most that can be demanded of him.

Signed J.R. DENDY YOUNG

ACTING JUDGE OF APPEAL

Schutz,
A.J.A.

I agree
with what has been said by the learned President,

Signed W.P. SCHUTZ

ACTING JUDGE OF APPEAL

Delivered
on the 9th day of January 1980 at MASERU.

For
Appellants: Mr Matlhare

For
Respondent: Mr Muguluma