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

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

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to entertain an application for leave to appeal against the refusal of a petition, as the procedure has been superseded by the Superior Courts Act 10 of 2013.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 The previous procedure under the Supreme Court Act 59 of 1959 is no longer applicable.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.

Citation
[2015] ZAGPJHC 336
Parties
Applicant: Miyeni Tshepo Hope; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 March 2015
Case Number
P195/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Refusal of Petition
Outcome
Application dismissed for lack of jurisdiction.
Judges
M Victor, B.S Spilg
Legal Topics
Leave to Appeal Procedure, Jurisdiction of High Court, Superior Courts Act Interpretation
Criminal Law Civil Procedure Leave to Appeal Procedure Jurisdiction of High Court Superior Courts Act Interpretation

Case Brief

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Parties

Miyeni Tshepo Hope

Applicant

The State

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Does the High Court have jurisdiction to grant leave to appeal against the refusal of a petition under the current statutory framework?
  2. 2 What is the correct procedure for an applicant seeking leave to appeal after a petition has been refused?

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to entertain an application for leave to appeal against the refusal of a petition, as the procedure has been superseded by the Superior Courts Act 10 of 2013.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 The previous procedure under the Supreme Court Act 59 of 1959 is no longer applicable.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.

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.