Ngoya v S [2020] NAHCMD 406 (2 September 2020)

Ngoya v S [2020] NAHCMD 406 (2 September 2020)

The High Court is not competent to entertain a second application for leave to appeal and condonation after refusal of the first application; the applicant must petition the Supreme Court under Section 316(6) of the Criminal Procedure Act 51 of 1977.

Citation
[2020] NAHCMD 406
Parties
Applicant: Willem Peter; Respondent: The State; Amicus Curiae: Esi Schimming-Chase SC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
2 September 2020 2 September 2020 1 June 2020
Procedural Posture
Criminal / Application for Leave to Appeal and Condonation for Late Filing
Outcome
Application struck from the roll
Legal Topics
Leave to Appeal, Condonation, Stock Theft, Unconstitutional Sentencing, Jurisdiction
Source Language
English
Criminal Law Leave to Appeal Condonation Stock Theft Unconstitutional Sentencing Jurisdiction

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Parties

Willem Peter

Applicant

The State

Respondent

Esi Schimming-Chase SC

Amicus Curiae

Procedural Posture

Criminal / Application for Leave to Appeal and Condonation for Late Filing

Legal Issues

  1. 1 Whether the High Court can entertain a second application for leave to appeal and condonation after refusal of the first application
  2. 2 Whether the applicant should approach the Supreme Court by petition under Section 316(6) of the Criminal Procedure Act 51 of 1977

Ratio Decidendi

The High Court is not competent to entertain a second application for leave to appeal and condonation after refusal of the first application; the applicant must petition the Supreme Court under Section 316(6) of the Criminal Procedure Act 51 of 1977.

Court Disposition

Application struck from the roll

Orders

  • The matter is struck from the roll.
  • The matter is considered finalized.