She confirms that she retrieved the court order in question on 24 July 2014 from the pigeon hole and brought it to the attention of counsel for the State who was assigned to this case. That version appears to be accurate as counsel for the respondent also allegedly received the order on the same day which leaves the delay at the doorsteps of the messenger in the office of the Registrar of this court who was approached for an affidavit but declined to attest to one. A further explanation for the delay in lodging the record of the High Court with this court is that, once the leave to appeal was granted, counsel for the appellant who was seized with this matter requested the Registrar of the High Court to provide the record of the proceedings for the purposes of appeal but that office could initially not locate the file. After numerous enquiries orally with the Registrar’s office, on 11 August 2014 the Prosecutor-General caused a letter to be addressed to the Registrar of the High Court repeating the request of the record. That written request was attended to on the same day and the record was made available. The record was passed on to the transcription services to prepare, which process was completed on 17 October 2014. By the beginning of May 2015 the appeal had not been set down for hearing. On enquiry by counsel for the appellant, he was informed by the Registrar of this court that the matter had not been set down because the record was not accompanied by an application for condonation for the late filing of the court record. Eventually an application for condonation for the late filing of the appeal record and reinstating the appeal was filed on 9 June 2015. On 10 June 2015 the respondent filed a notice of intention to oppose the application for condonation but thereafter no opposing affidavits in the condonation application were filed.
She confirms that she retrieved the court order in question on 24 July 2014 from the pigeon hole and brought it to the attention of counsel for the State who was assigned to this case. That version appears to be accurate as counsel for the respondent also allegedly received the order on the same day which leaves the delay at the doorsteps of the messenger in the office of the Registrar of this court who was approached for an affidavit but declined to attest to one. A further explanation for the delay in lodging the record of the High Court with this court is that, once the leave to appeal was granted, counsel for the appellant who was seized with this matter requested the Registrar of the High Court to provide the record of the proceedings for the purposes of appeal but that office could initially not locate the file. After numerous enquiries orally with the Registrar’s office, on 11 August 2014 the Prosecutor-General caused a letter to be addressed to the Registrar of the High Court repeating the request of the record. That written request was attended to on the same day and the record was made available. The record was passed on to the transcription services to prepare, which process was completed on 17 October 2014. By the beginning of May 2015 the appeal had not been set down for hearing. On enquiry by counsel for the appellant, he was informed by the Registrar of this court that the matter had not been set down because the record was not accompanied by an application for condonation for the late filing of the court record. Eventually an application for condonation for the late filing of the appeal record and reinstating the appeal was filed on 9 June 2015. On 10 June 2015 the respondent filed a notice of intention to oppose the application for condonation but thereafter no opposing affidavits in the condonation application were filed.