Download PDF

South Africa Judgment

South Gauteng High Court, Johannesburg

Miyeni v S (P195/10) [2015] ZAGPJHC 336 (7 March 2015)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The High Court no longer has jurisdiction to entertain an application for leave to appeal against the refusal of a petition, as the procedure has been superseded by the Superior Courts Act 10 of 2013. Section 16(1)(b) of the Act makes it clear that the applicant's remedy is to approach the Supreme Court of Appeal for special leave to appeal. The previous procedure under the Supreme Court Act 59 of 1959 is no longer applicable. Accordingly, the application before the High Court must fail for want of jurisdiction.

Court disposition

Application dismissed for lack of jurisdiction.

Orders

  • The appellant is directed to approach the Supreme Court of Appeal for leave to appeal the refusal of the petition.

02

Material facts

Parties

Miyeni Tshepo Hope

Applicant

The State

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Against Refusal of Petition

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contends that, following the refusal of his petition for leave to appeal, he is entitled to approach the High Court for leave to appeal against that refusal, relying on the procedure previously accepted under the Supreme Court Act 59 of 1959.
Respondent
The respondent maintains that the Superior Courts Act 10 of 2013 has altered the procedure, and the High Court no longer has jurisdiction to entertain such applications. The applicant must seek special leave to appeal from the Supreme Court of Appeal.

05

Court’s reasoning

  1. 01

    Supreme Court Act 59 of 1959

    Under the Supreme Court Act 59 of 1959, an applicant could approach the High Court for leave to appeal against the refusal of a petition.

  2. 02

    Superior Courts Act 10 of 2013

    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 upon special leave granted by the Supreme Court of Appeal.

06

Ratio, limits and disposition

Ratio decidendi

The High Court no longer has jurisdiction to entertain an application for leave to appeal against the refusal of a petition, as the procedure has been superseded by the Superior Courts Act 10 of 2013. Section 16(1)(b) of the Act makes it clear that the applicant's remedy is to approach the Supreme Court of Appeal for special leave to appeal. The previous procedure under the Supreme Court Act 59 of 1959 is no longer applicable. Accordingly, the application before the High Court must fail for want of jurisdiction.

Obiter and limits

  • The transition from the Supreme Court Act to the Superior Courts Act has fundamentally changed the appellate procedure in such matters.
  • Applicants must be aware of the current statutory requirements to avoid procedural missteps.

Court disposition

Application dismissed for lack of jurisdiction.

  • The appellant is directed to approach the Supreme Court of Appeal for leave to appeal the refusal of the petition.

Source and reliance status

South Gauteng High Court, Johannesburg

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

South Gauteng High Court, Johannesburg

Judgment

[2015] ZAGPJHC 336

REPUBLIC

OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION,

JOHANNESBURG

CASE NO: P195/10

In the matter between:

MIYENI TSHEPO HOPE Applicant

and

THE STATE Respondent

JUDGMENT

VICTOR J:

[1] The Applicant was convicted and sentenced by the Regional Magistrate, sitting at Wynberg.

[2] He applied for leave to appeal against conviction and sentence which was refused.

[3] He then petitioned to the Judge President of this Division for leave to appeal and which petition was refused.

[4] He has now brought an application for Leave to Appeal against the refusal of his petition. In the past the procedure followed by the Applicant was correct and accepted procedure.

[5] Previously, in terms of Section 20 (4) (b) of The Supreme Court Act 59 of 1959, in cases where a petition was refused (as in this case), an applicant had the right to approach the High Court for Leave to Appeal against the refusal of his petition – the procedure followed in this instance. In the light of the Superior Courts Act 10 of 2013 this court no longer has jurisdiction to deal with an application of this nature.

[6] Section 16 (1) (b) of the Superior Courts Act reads ‘Subject to section 15(1), the Constitution and any other law -… an appeal against any decision of a Division on appeal to it, lies to the Supreme Court of Appeal upon special leave having being granted by the Supreme Court of Appeal’.

[7] I conclude that we do not have jurisdiction to grant the relief sought. The applicants remedy is to approach the SCA under Section (16)(1)(b) of the Superior Courts Act for special leave to appeal to it.

ORDER

[8] The appellant is directed to approach the Supreme Court of Appeal for leave to appeal the refusal of the petition.

_____

M VICTOR

JUDGE OF THE SOUTH GAUTENG

HIGH COURT, JOHANNESBURG

B.S SPILG

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Supreme Court Act 59 of 1959

Legislation

Legislation referenced in the available case record.

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.