S v Strowitzki (3 of 1997) [2003] NASC 15 (16 September 2003)

S v Strowitzki (3 of 1997) [2003] NASC 15 (16 September 2003)

The Supreme Court lacks jurisdiction to entertain a further application for leave to appeal after the refusal of such application by the High Court and the dismissal of a petition to the Chief Justice, even if based on new or purported new evidence, due to the finality provision in section 316(9)(a) of the Criminal Procedure Act. All subsequent proceedings and petitions based on a nullity are themselves nullities.

Citation
[2003] NASC 15
Parties
Applicant: Reinhard Eugen August Strowitzki; Respondent: The State
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
16 September 2003
Case Number
3 of 1997
Procedural Posture
Criminal Appeal / Jurisdictional Ruling on Further Application for Leave to Appeal After Exhaustion of Statutory Procedures
Outcome
Struck out for lack of jurisdiction
Legal Topics
Jurisdiction of Supreme Court, Finality of Appellate Decisions, Inherent Jurisdiction, Review Powers, Procedural Law
Source Language
English
Criminal Law Appellate Procedure Constitutional Law Jurisdiction of Supreme Court Finality of Appellate Decisions Inherent Jurisdiction Review Powers Procedural Law

Case Brief

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Parties

Reinhard Eugen August Strowitzki

Applicant

The State

Respondent

Procedural Posture

Criminal Appeal / Jurisdictional Ruling on Further Application for Leave to Appeal After Exhaustion of Statutory Procedures

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to entertain a further application for leave to appeal after refusal by the High Court and dismissal of a petition to the Chief Justice, even if based on new or purported new evidence
  2. 2 Whether the applicant made out a case for the granting of leave to appeal if jurisdiction exists

Ratio Decidendi

The Supreme Court lacks jurisdiction to entertain a further application for leave to appeal after the refusal of such application by the High Court and the dismissal of a petition to the Chief Justice, even if based on new or purported new evidence, due to the finality provision in section 316(9)(a) of the Criminal Procedure Act. All subsequent proceedings and petitions based on a nullity are themselves nullities.

Court Disposition

Struck out for lack of jurisdiction

Orders

  • The case is struck off the roll on the ground that the court lacks jurisdiction to entertain it.