Buchanan v Marais NO and Others (176/87) [1991] ZASCA 19; 1991 (2) SA 679 (AD); [1991] 4 All SA 473 (AD) (21 March 1991)

Buchanan v Marais NO and Others (176/87) [1991] ZASCA 19; 1991 (2) SA 679 (AD); [1991] 4 All SA 473 (AD) (21 March 1991)

The court held that the appellant required leave to appeal against the dismissal of her application for review, as the proceedings were considered an application for relief from a lower court's decision. The refusal of leave to appeal by three judges of the Appellate Division was final and could not be reviewed. The appellant's contention that costs should not have been awarded was rejected; the court found that while costs are not typically awarded in criminal prosecutions at the public instance, the appellant's application was not a criminal prosecution but a civil application for review. Therefore, the costs order against her was appropriate. The appeal was dismissed with costs,...

Citation
[1991] ZASCA 19
Parties
Appellant: Ireen May Buchanan; Respondent: B Du Toit Marais N.O.; Respondent: C J Van Schalkwyk N.O.; Respondent: Alfos Mkhize; Respondent: Gordon Francis Morey; Respondent: The Attorney-General of Natal
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 March 1991
Case Number
176/87
Procedural Posture
Civil Appeal / Appeal Against Costs Order Following Unsuccessful Application for Review of Criminal Acquittal
Outcome
Appeal dismissed with costs, including costs occasioned by the application for condonation and the application for leave to appeal.
Judges
Hefer, Milne, Krieger
Legal Topics
Review of Criminal Acquittal, Costs in Criminal Related Applications, Leave to Appeal, Locus Standi
Civil Procedure Criminal Law Review of Criminal Acquittal Costs in Criminal Related Applications Leave to Appeal Locus Standi

Case Brief

Summary, issues, holding and outcome

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Parties

Ireen May Buchanan

Appellant

B Du Toit Marais N.O.

Respondent

C J Van Schalkwyk N.O.

Respondent

Alfos Mkhize

Respondent

Gordon Francis Morey

Respondent

The Attorney-General of Natal

Respondent

Procedural Posture

Civil Appeal / Appeal Against Costs Order Following Unsuccessful Application for Review of Criminal Acquittal

Legal Issues

  1. 1 Whether the appellant required leave to appeal against the dismissal of her application for review of the acquittal.
  2. 2 Whether the appellant could challenge the refusal of leave to appeal by the Appellate Division.
  3. 3 Whether the costs order against the appellant was appropriate in the context of her application related to criminal proceedings.

Ratio Decidendi

The court held that the appellant required leave to appeal against the dismissal of her application for review, as the proceedings were considered an application for relief from a lower court's decision. The refusal of leave to appeal by three judges of the Appellate Division was final and could not be reviewed. The appellant's contention that costs should not have been awarded was rejected; the court found that while costs are not typically awarded in criminal prosecutions at the public instance, the appellant's application was not a criminal prosecution but a civil application for review. Therefore, the costs order against her was appropriate. The appeal was dismissed with costs,...

Court Disposition

Appeal dismissed with costs, including costs occasioned by the application for condonation and the application for leave to appeal.

Orders

  • The appeal is dismissed with costs, including the costs occasioned by the appellant's application for condonation for the late filing of the record and the application to the court a quo for leave to appeal.