Mthethandaba v S (AR 463/2007) [2014] ZAKZPHC 4; 2014 (2) SACR 154 (KZP) (21 January 2014)

Mthethandaba v S (AR 463/2007) [2014] ZAKZPHC 4; 2014 (2) SACR 154 (KZP) (21 January 2014)

The High Court held that, following the repeal of the Supreme Court Act and its replacement by the Superior Courts Act, the procedure for appeals in criminal matters has changed. The refusal of a petition for leave to appeal by two judges of the High Court constitutes a decision delivered on appeal, and any further appeal against such refusal lies to the Supreme Court of Appeal only with its special leave. The High Court no longer has jurisdiction to entertain applications for leave to appeal to the Supreme Court of Appeal against the refusal of a petition for leave to appeal. The logic in S v Khoasasa and S v Kriel remains applicable, and the Superior Courts Act reinforces the...

Citation
[2014] ZAKZPHC 4
Parties
Applicant: Sandile Samson Mthethandaba; Respondent: The State
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
21 January 2014
Case Number
AR 463/2007
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Against Refusal of Petition for Leave to Appeal
Outcome
Application struck from the roll for lack of jurisdiction.
Judges
Vahed, Koen
Legal Topics
Leave to Appeal, Superior Courts Act, Criminal Procedure Act, Jurisdiction, Appeal Process
Criminal Law Civil Procedure Leave to Appeal Superior Courts Act Criminal Procedure Act Jurisdiction Appeal Process

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Parties

Sandile Samson Mthethandaba

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Against Refusal of Petition for Leave to Appeal

Legal Issues

  1. 1 Does the High Court have jurisdiction to entertain an application for leave to appeal to the Supreme Court of Appeal after refusal of a petition for leave to appeal?
  2. 2 Has the procedure for appeals in criminal matters changed following the repeal of the Supreme Court Act and its replacement by the Superior Courts Act?
  3. 3 Is special leave of the Supreme Court of Appeal required for an appeal against the refusal of a petition for leave to appeal in criminal matters?

Ratio Decidendi

The High Court held that, following the repeal of the Supreme Court Act and its replacement by the Superior Courts Act, the procedure for appeals in criminal matters has changed. The refusal of a petition for leave to appeal by two judges of the High Court constitutes a decision delivered on appeal, and any further appeal against such refusal lies to the Supreme Court of Appeal only with its special leave. The High Court no longer has jurisdiction to entertain applications for leave to appeal to the Supreme Court of Appeal against the refusal of a petition for leave to appeal. The logic in S v Khoasasa and S v Kriel remains applicable, and the Superior Courts Act reinforces the...

Court Disposition

Application struck from the roll for lack of jurisdiction.

Orders

  • The application for leave to appeal is struck from the roll.
  • No order as to costs is made.