Mekgoe v S (A183/2013) [2015] ZAFSHC 60 (20 March 2015)

Mekgoe v S (A183/2013) [2015] ZAFSHC 60 (20 March 2015)

The High Court does not have jurisdiction to entertain an application for leave to appeal its own judgment delivered on appeal from the regional court. Section 16(1)(b) of the Superior Courts Act, 10 of 2013, provides that an appeal against any decision of a Division on appeal to it lies to the Supreme Court of Appeal only upon special leave granted by that court. The Criminal Procedure Act does not regulate applications for leave to appeal judgments given by the High Court on appeal, except as provided in section 316(3)(a), which requires special leave from the Supreme Court of Appeal. The recent SCA judgment in Potgieter v S is binding and confirms that the High Court lacks jurisdiction...

Citation
[2015] ZAFSHC 60
Parties
Applicant: Danny Mekgoe; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 March 2015
Case Number
A183/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Initial Appeal
Outcome
Application for leave to appeal and condonation struck from the roll due to lack of jurisdiction.
Judges
Daffue, Naidoo
Legal Topics
Leave to Appeal, Superior Courts Act, Jurisdiction, Stare Decisis
Criminal Law Civil Procedure Leave to Appeal Superior Courts Act Jurisdiction Stare Decisis

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Parties

Danny Mekgoe

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Dismissal of Initial Appeal

Legal Issues

  1. 1 Does the High Court have jurisdiction to entertain an application for leave to appeal its own judgment delivered on appeal from the regional court.
  2. 2 Is special leave to appeal required from the Supreme Court of Appeal in terms of section 16(1)(b) of the Superior Courts Act, 10 of 2013.
  3. 3 Does the Criminal Procedure Act or any other criminal procedural law regulate applications for leave to appeal judgments given by the High Court on appeal.

Ratio Decidendi

The High Court does not have jurisdiction to entertain an application for leave to appeal its own judgment delivered on appeal from the regional court. Section 16(1)(b) of the Superior Courts Act, 10 of 2013, provides that an appeal against any decision of a Division on appeal to it lies to the Supreme Court of Appeal only upon special leave granted by that court. The Criminal Procedure Act does not regulate applications for leave to appeal judgments given by the High Court on appeal, except as provided in section 316(3)(a), which requires special leave from the Supreme Court of Appeal. The recent SCA judgment in Potgieter v S is binding and confirms that the High Court lacks jurisdiction...

Court Disposition

Application for leave to appeal and condonation struck from the roll due to lack of jurisdiction.

Orders

  • The applications for leave to appeal and condonation are struck from the roll.