Director of Public Prosecutions, Gauteng v Mphaphama (20450/2014) [2016] ZASCA 8; 2016 (1) SACR 495 (SCA) (3 March 2016)

Director of Public Prosecutions, Gauteng v Mphaphama (20450/2014) [2016] ZASCA 8; 2016 (1) SACR 495 (SCA) (3 March 2016)

The Supreme Court of Appeal held that it has no jurisdiction to entertain an appeal by the Director of Public Prosecutions against the High Court's reduction of sentence on appeal from the regional court. The definition of 'appeal' in the Superior Courts Act expressly excludes appeals in matters regulated by the...

Source-derived case information.

Citation
[2016] ZASCA 8
Parties
Appellant: Director of Public Prosecutions, Gauteng; Respondent: Molefe Joseph Mphaphama
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
3 March 2016
Case Number
20450/2014
Procedural Posture
Special Leave to Appeal / Application for Special Leave to Appeal to the Supreme Court of Appeal After High Court Reduced Sentence on Appeal From Regional Court.
Outcome
Appeal struck from the roll for lack of jurisdiction.
Judges
Majiedt, Willis, Baartman
Legal Topics
Right of Appeal by State, Minimum Sentences, Sexual Offences Against Children, Jurisdiction of Supreme Court of Appeal
Criminal Law Civil Procedure Right of Appeal by State Minimum Sentences Sexual Offences Against Children Jurisdiction of Supreme Court of Appeal

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Parties

Director of Public Prosecutions, Gauteng

Appellant

Molefe Joseph Mphaphama

Respondent

Procedural Posture

Special Leave to Appeal / Application for Special Leave to Appeal to the Supreme Court of Appeal After High Court Reduced Sentence on Appeal From Regional Court.

Legal Issues

  1. 1 Does the Director of Public Prosecutions have a right to appeal to the Supreme Court of Appeal against a High Court order reducing a sentence on appeal from the regional court?
  2. 2 Is the matter appealable under section 16(1)(b) read with section 17(3) of the Superior Courts Act 10 of 2013?
  3. 3 Can the State appeal on a question of law under section 311(1) of the Criminal Procedure Act?

Ratio Decidendi

The Supreme Court of Appeal held that it has no jurisdiction to entertain an appeal by the Director of Public Prosecutions against the High Court's reduction of sentence on appeal from the regional court. The definition of 'appeal' in the Superior Courts Act expressly excludes appeals in matters regulated by the Criminal Procedure Act, and section 316B of the Criminal Procedure Act only permits appeals by the State against sentences imposed by a superior court sitting as a court of first instance. The court confirmed that sentence cannot be a question of law decided in favour of a convicted person, and the approach of the High Court, though strongly deprecated, does not confer...

Court Disposition

Appeal struck from the roll for lack of jurisdiction.

Orders

  • The appeal is struck from the roll.