SCA grants ‘self-defence’ appeal bid
The SCA has given Durban security officer Sahil Ramthal – jailed for the murder of a panel-beater's ‘crazed’ employee – the right to appeal his sentence because he could have acted in self-defence.
A TimesLIVE report says Ramthal was convicted and sentenced to eight years' imprisonment by the Verulam Regional Court over the death of Senzo Dlamini in Phoenix in January 2019.
He had pleaded not guilty to the charge, and in amplification of his plea, stated that he shot the deceased in defence of his colleague and himself.
The Regional Court had rejected Ramthal’s version of private defence as one beset with contradictions.
Regarding the sentence, the court found substantial and compelling circumstances to deviate from the prescribed sentence of 15 years’ imprisonment and imposed a sentence of eight years.
Ramthal applied for leave to appeal against both his conviction and sentence, which was refused by the Regional Court.
He then sought the respective leave to appeal in the KZN High Court (Pietermaritzburg), which was also refused.
However, special leave to appeal against the refusal of leave to appeal by the High Court was granted by the SCA in June 2023.
Ramthal's subsequent appeal focused on whether the trial court erred in its conviction and sentence, especially concerning the assessment of evidence and the severity of the punishment.
Ramthal argued that the trial court failed to properly consider mitigating factors, while the state argued for the conviction's validity.
He has now been granted leave to appeal to the KZN High Court (Pietermaritzburg) against his conviction and sentence.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.