Chake v S (205/13) [2013] ZASCA 141; 2014 (1) SACR 177 (SCA) (30 September 2013)

Chake v S (205/13) [2013] ZASCA 141; 2014 (1) SACR 177 (SCA) (30 September 2013)

The Supreme Court of Appeal held that the automatic right of appeal for offenders sentenced to life imprisonment by a regional court was repealed by the Child Justice Act 75 of 2008, specifically through section 99(1) and Schedule 4, which amended section 309(1)(a) of the Criminal Procedure Act 51 of 1977. The court rejected the high court's interpretation that the Child Justice Act's amendments applied only to children, finding that the statutory language clearly removed the automatic right for adults as well. The appellant was required to apply for leave to appeal under section 309B, and failing that, to petition under section 309C. As the appellant did not follow this procedure, the...

Citation
[2013] ZASCA 141
Parties
Appellant: Matsheng Jacob Chake; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 September 2013
Case Number
205/13
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Outcome
Appeal succeeds to the limited extent that the high court's order is set aside and substituted with an order striking the appeal off the roll.
Judges
Navsa, Leach, Tshiqi, Saldulker, Swain
Legal Topics
Automatic Right of Appeal, Leave to Appeal, Life Imprisonment, Child Justice Act, Criminal Law Amendment Act
Criminal Law Civil Procedure Automatic Right of Appeal Leave to Appeal Life Imprisonment Child Justice Act Criminal Law Amendment 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 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Matsheng Jacob Chake

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether an offender sentenced to life imprisonment by a regional court after 1 April 2010 enjoys an automatic right of appeal to the high court.
  2. 2 Whether the Child Justice Act 75 of 2008 repealed the automatic right of appeal for adult offenders sentenced to life imprisonment by a regional court.
  3. 3 Whether the high court was correct to entertain the appeal without leave.

Ratio Decidendi

The Supreme Court of Appeal held that the automatic right of appeal for offenders sentenced to life imprisonment by a regional court was repealed by the Child Justice Act 75 of 2008, specifically through section 99(1) and Schedule 4, which amended section 309(1)(a) of the Criminal Procedure Act 51 of 1977. The court rejected the high court's interpretation that the Child Justice Act's amendments applied only to children, finding that the statutory language clearly removed the automatic right for adults as well. The appellant was required to apply for leave to appeal under section 309B, and failing that, to petition under section 309C. As the appellant did not follow this procedure, the...

Court Disposition

Appeal succeeds to the limited extent that the high court's order is set aside and substituted with an order striking the appeal off the roll.

Orders

  • The appeal succeeds to the limited extent set out below.
  • The order of the court a quo is set aside and substituted with: 'The appeal is struck off the roll.'