1.4 The Select Committee noted that, on 15 June 2007, the appeal against Mr Makamu's conviction and sentence was finally heard and upheld by the High Court in Johannesburg. Accordingly, both his conviction and his sentence were set aside. According to the Commission, it after having studied the record of the proceedings is of the view that it would not, on a balance of probabilities, be able to successfully prove the charge of misconduct which was based on the incident which formed the basis of the criminal prosecution and which led to his provisional suspension, against Mr Makamu.