Carneiro v S (A125/2010, A389/2015) [2016] ZAGPJHC 124 (29 April 2016)

Carneiro v S (A125/2010, A389/2015) [2016] ZAGPJHC 124 (29 April 2016)

The High Court, sitting as a court of appeal with two judges, lacks jurisdiction to entertain an application for leave to appeal to the Supreme Court of Appeal following the dismissal of an appeal. Section 16(1)(b) of the Superior Courts Act 10 of 2013 governs such applications, requiring special leave from the Supreme Court of Appeal. The procedural provisions of the Superior Courts Act apply retrospectively, as they do not impair any vested substantive rights of the appellant. The appellant's reliance on the Supreme Court Act and the Interpretation Act is misplaced, as the changes are procedural and do not deprive him of any substantive rights. Consequently, the application for leave to...

Citation
[2016] ZAGPJHC 124
Parties
Appellant: Jose Pedro Morais Carneiro; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 April 2016
Case Number
A125/2010, A389/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal After Dismissal of Appeal by High Court
Outcome
Application for leave to appeal struck off the roll for lack of jurisdiction.
Judges
D S S Moshidi, C E Hilton-Nichols
Legal Topics
Leave to Appeal, Jurisdiction of High Court, Superior Courts Act, Retrospective Application, Bail Pending Appeal
Criminal Law Civil Procedure Leave to Appeal Jurisdiction of High Court Superior Courts Act Retrospective Application Bail Pending Appeal

Case Brief

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Parties

Jose Pedro Morais Carneiro

Appellant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal After Dismissal of Appeal by High Court

Legal Issues

  1. 1 Does the High Court, sitting as a court of appeal with two judges, have jurisdiction to entertain an application for leave to appeal to the Supreme Court of Appeal after dismissing an appeal?
  2. 2 Is the application for leave to appeal governed by the Superior Courts Act 10 of 2013 or the Supreme Court Act 59 of 1959?
  3. 3 Does the procedural change in the Superior Courts Act operate retrospectively to applications initiated before its commencement?

Ratio Decidendi

The High Court, sitting as a court of appeal with two judges, lacks jurisdiction to entertain an application for leave to appeal to the Supreme Court of Appeal following the dismissal of an appeal. Section 16(1)(b) of the Superior Courts Act 10 of 2013 governs such applications, requiring special leave from the Supreme Court of Appeal. The procedural provisions of the Superior Courts Act apply retrospectively, as they do not impair any vested substantive rights of the appellant. The appellant's reliance on the Supreme Court Act and the Interpretation Act is misplaced, as the changes are procedural and do not deprive him of any substantive rights. Consequently, the application for leave to...

Court Disposition

Application for leave to appeal struck off the roll for lack of jurisdiction.

Orders

  • The matter is struck off the roll.