The Supreme Court bench comprising Justices Jacobus Annandale, Ben Odoki and Mbutfo Mamba took no more than half an hour to rule that Bheki, Makhubu, Thulani Maseko, The Nation Magazine and Independent Publishers succeeded in their appeal against the state. The writing was already on the wall as the state had failed to file its heads of arguments. Taking the floor to address the bench advocate Mduduzi Mabila stated that indeed his clients were not going to file any heads because per discussions which had been had with the appellants they were going to concede certain things. He then went on to address the court as if he was representing the appellants. This earned him praise from the Judges in the bench who noted that indeed if there is nothing to argue on it was noble for the Crown to concede.
It was then that they invited the lawyers representing the appellants to say something to which they indicated their affirmation to what Mabila had said save to say that they would like for their clients to be freed today. The court agreed to the request to some excited clapping by the gallery.
Bheki and Thulani were both meant to come out of jail on the 16th and 17th of July 2015 respectively which is when both their terms in jail legally expire. They were arrested in March 2014. Much as they have not said so yet, it is expected that they will sue the state for the over a year incarceration.