Imador v S (A167/2013) [2014] ZAWCHC 66 (3 April 2014)

Imador v S (A167/2013) [2014] ZAWCHC 66 (3 April 2014)

The court held that, although the Superior Courts Act repealed the Supreme Court Act and does not provide for a second appeal in criminal matters originating from the magistrate's court, the applicant's right to a second appeal was vested at the time of his conviction and sentence. This right is preserved by the common law and section 12(2) of the Interpretation Act, which protects pending legal proceedings and vested rights from being extinguished by statutory repeal. The applicant's right to pursue a second appeal is subject to the condition that leave to appeal be granted by the High Court or, failing that, by the Supreme Court of Appeal. On the merits, the court found that the...

Citation
[2014] ZAWCHC 66
Parties
Appellant: Lucky Imador; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
3 April 2014
Case Number
A167/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal After Full Bench Appeal
Outcome
Application for leave to appeal to the Supreme Court of Appeal against conviction is dismissed.
Judges
A P Blignault, R Nyman
Legal Topics
Leave to Appeal, Jurisdiction of Supreme Court of Appeal, Transitional Provisions, Money Laundering, Interpretation of Statutes
Criminal Law Civil Procedure Leave to Appeal Jurisdiction of Supreme Court of Appeal Transitional Provisions Money Laundering Interpretation of Statutes

Case Brief

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Parties

Lucky Imador

Appellant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal After Full Bench Appeal

Legal Issues

  1. 1 Does the Supreme Court of Appeal have jurisdiction to hear a second appeal in criminal matters originating from the magistrate's court after the repeal of the Supreme Court Act?
  2. 2 Does the Superior Courts Act or the Criminal Procedure Act provide for a second appeal in such criminal matters?
  3. 3 Does the common law or Interpretation Act preserve the right to a second appeal for proceedings pending at the time of statutory repeal?

Ratio Decidendi

The court held that, although the Superior Courts Act repealed the Supreme Court Act and does not provide for a second appeal in criminal matters originating from the magistrate's court, the applicant's right to a second appeal was vested at the time of his conviction and sentence. This right is preserved by the common law and section 12(2) of the Interpretation Act, which protects pending legal proceedings and vested rights from being extinguished by statutory repeal. The applicant's right to pursue a second appeal is subject to the condition that leave to appeal be granted by the High Court or, failing that, by the Supreme Court of Appeal. On the merits, the court found that the...

Court Disposition

Application for leave to appeal to the Supreme Court of Appeal against conviction is dismissed.

Orders

  • The application for leave to appeal to the Supreme Court of Appeal against conviction is dismissed.