Cikolo v S (CA55/2023) [2024] ZAECMKHC 21 (14 February 2024)

Cikolo v S (CA55/2023) [2024] ZAECMKHC 21 (14 February 2024)

The full court lacks jurisdiction to hear a further appeal against the decision of a single judge of the High Court refusing bail, as such further appeals are not regulated by the Criminal Procedure Act but by the Superior Courts Act. Section 16(1)(b) of the Superior Courts Act applies, requiring special leave from the Supreme Court of Appeal for such an appeal to proceed. The appellant's reliance on sections 65 and 65A of the Criminal Procedure Act is misplaced, as these provisions do not regulate further appeals from the High Court. The Supreme Court of Appeal's decision in S v Van Wyk and Another confirms that further appeals in bail matters must follow the procedure set out in the...

Citation
[2024] ZAECMKHC 21
Parties
Appellant: Bongani Cikolo; Respondent: The State
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
14 February 2024
Case Number
CA55/2023
Procedural Posture
Criminal Appeal / Full Court Appeal Against Single Judge's Refusal of Bail Appeal
Outcome
The appeal is struck from the roll for lack of jurisdiction.
Judges
Govindjee, ZM Nhlangulela, NW Gqamana
Legal Topics
Bail Appeal, Jurisdiction of Full Court, Superior Courts Act, Criminal Procedure Act, Leave to Appeal
Criminal Law Civil Procedure Bail Appeal Jurisdiction of Full Court Superior Courts Act Criminal Procedure Act Leave to Appeal

Case Brief

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Parties

Bongani Cikolo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Full Court Appeal Against Single Judge's Refusal of Bail Appeal

Legal Issues

  1. 1 Does a full court have jurisdiction to hear an appeal against the decision of a single judge to refuse a bail appeal?
  2. 2 Is a further appeal in bail matters regulated by the Criminal Procedure Act or the Superior Courts Act?
  3. 3 Does section 16(1)(b) of the Superior Courts Act apply to further bail appeals from the High Court?

Ratio Decidendi

The full court lacks jurisdiction to hear a further appeal against the decision of a single judge of the High Court refusing bail, as such further appeals are not regulated by the Criminal Procedure Act but by the Superior Courts Act. Section 16(1)(b) of the Superior Courts Act applies, requiring special leave from the Supreme Court of Appeal for such an appeal to proceed. The appellant's reliance on sections 65 and 65A of the Criminal Procedure Act is misplaced, as these provisions do not regulate further appeals from the High Court. The Supreme Court of Appeal's decision in S v Van Wyk and Another confirms that further appeals in bail matters must follow the procedure set out in the...

Court Disposition

The appeal is struck from the roll for lack of jurisdiction.

Orders

  • The matter is struck from the roll.