Edeling v Pieters; In re: Pieters v Edeling (A71/2013) [2016] ZAFSHC 40 (1 February 2016)

Edeling v Pieters; In re: Pieters v Edeling (A71/2013) [2016] ZAFSHC 40 (1 February 2016)

The court held that, in light of the Superior Courts Act 10 of 2013, specifically section 16(1)(b), an appeal against a decision of a Division on appeal lies only to the Supreme Court of Appeal upon special leave granted by that court. The transitional provisions in section 52(1) and (2) do not apply to the present application because the application for leave to appeal was filed after the Act came into force, and the original judgment in the Magistrates' Court was delivered before the Act commenced. Precedent from South African Land Arrangements CC and Others v Nedbank Ltd and subsequent Supreme Court of Appeal decisions confirm that the High Court lacks jurisdiction to entertain such...

Citation
[2016] ZAFSHC 40
Parties
Applicant: W J Edeling; Respondent: L M Pieters
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 February 2016
Case Number
A71/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Successful Appeal in High Court
Outcome
Application for leave to appeal struck from the roll; each party to pay its own costs.
Judges
Van Zyl, R, Naidoo, R
Legal Topics
Superior Courts Act, Leave to Appeal, Jurisdiction, Transitional Provisions
Civil Procedure Superior Courts Act Leave to Appeal Jurisdiction Transitional Provisions

Case Brief

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Parties

W J Edeling

Applicant

L M Pieters

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Successful Appeal in High Court

Legal Issues

  1. 1 Whether the application for leave to appeal should have been directed to the Supreme Court of Appeal under section 16(1)(b) of the Superior Courts Act.
  2. 2 Whether the High Court has jurisdiction to hear the application for leave to appeal in light of the transitional provisions of the Superior Courts Act.
  3. 3 Whether the proceedings are 'pending' as contemplated by section 52(1) and (2) of the Superior Courts Act.

Ratio Decidendi

The court held that, in light of the Superior Courts Act 10 of 2013, specifically section 16(1)(b), an appeal against a decision of a Division on appeal lies only to the Supreme Court of Appeal upon special leave granted by that court. The transitional provisions in section 52(1) and (2) do not apply to the present application because the application for leave to appeal was filed after the Act came into force, and the original judgment in the Magistrates' Court was delivered before the Act commenced. Precedent from South African Land Arrangements CC and Others v Nedbank Ltd and subsequent Supreme Court of Appeal decisions confirm that the High Court lacks jurisdiction to entertain such...

Court Disposition

Application for leave to appeal struck from the roll; each party to pay its own costs.

Orders

  • The application for leave to appeal is struck from the roll.
  • Each party is ordered to pay their own costs.