Banger v S (195/2015) [2015] ZASCA 79; 2016 (1) SACR 115 (SCA) (28 May 2015)

Banger v S (195/2015) [2015] ZASCA 79; 2016 (1) SACR 115 (SCA) (28 May 2015)

The Supreme Court of Appeal held that, following the enactment of the Superior Courts Act 10 of 2013, an appeal against the refusal of bail by the High Court sitting as a court of first instance is no longer automatic. The appellant must first apply for leave to appeal from the High Court. If leave is refused, the Supreme Court of Appeal may grant leave in terms of section 17(2)(b) of the Superior Courts Act. Because the appellant did not apply for leave to appeal to the High Court, the Supreme Court of Appeal lacked jurisdiction to entertain the matter. The appeal was accordingly struck from the roll. The judgment clarified that the regulatory scheme for appeals from the High Court now...

Citation
[2015] ZASCA 79
Parties
Appellant: Allan Wayne Banger; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 May 2015
Case Number
195/2015
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail by High Court Sitting as Court of First Instance
Outcome
The appeal is struck from the roll due to lack of jurisdiction.
Judges
Cachalia, Mbha, Van der Merwe
Legal Topics
Bail Application, Superior Courts Act, Leave to Appeal, Constitutional Rights, Criminal Procedure Act
Criminal Law Civil Procedure Bail Application Superior Courts Act Leave to Appeal Constitutional Rights Criminal Procedure Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Allan Wayne Banger

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail by High Court Sitting as Court of First Instance

Legal Issues

  1. 1 Does an automatic right of appeal exist against the refusal of bail by the High Court sitting as a court of first instance under the Superior Courts Act?
  2. 2 Is leave to appeal required for such bail appeals after the enactment of the Superior Courts Act?
  3. 3 Does the Supreme Court of Appeal have jurisdiction to hear the matter absent leave to appeal from the High Court?

Ratio Decidendi

The Supreme Court of Appeal held that, following the enactment of the Superior Courts Act 10 of 2013, an appeal against the refusal of bail by the High Court sitting as a court of first instance is no longer automatic. The appellant must first apply for leave to appeal from the High Court. If leave is refused, the Supreme Court of Appeal may grant leave in terms of section 17(2)(b) of the Superior Courts Act. Because the appellant did not apply for leave to appeal to the High Court, the Supreme Court of Appeal lacked jurisdiction to entertain the matter. The appeal was accordingly struck from the roll. The judgment clarified that the regulatory scheme for appeals from the High Court now...

Court Disposition

The appeal is struck from the roll due to lack of jurisdiction.

Orders

  • The matter is struck from the roll.