The application was brought before the Honourable Judge , Justice Esther Ota, who issued an order directing the prison authorities to ensure Simelane's attendance on the day in which matter shall be heard.This was after counsel for the applicant , Mr Mduduzi Mabila moved such apllication. The Director of Puplic Prosecution Mrs Mumcy Dlamini also present during the hearing did not object the former's application.
Simelane has filed an appeal against his conviction and sentence which shall be heard on the next session of the supreme court resuming on the 03rd of May 2011.. The Honourable Justice said she was not ready to hear the matter until the transcripts of the record are filed.She said both parties need to file their heads of arguments before she could hear the matter.The Juge then postponed the matter to the 29th March 2011 to enable the office of the registrar to file the transcript of the record. The Director of Public Prosecutions was also ordered to file her answering affidavit and Simelane to file his replies together with Heads of arguments on or before the 23rd of March 2011.