Munisipaliteit van Windhoek v Ministersraad van Swa/Namibia en 'n Ander (93/83/AV) [1984] ZASCA 110 (25 September 1984)

Munisipaliteit van Windhoek v Ministersraad van Swa/Namibia en 'n Ander (93/83/AV) [1984] ZASCA 110 (25 September 1984)

The Supreme Court of Appeal held that its jurisdiction to hear appeals from the High Court of South West Africa is governed by the Supreme Court Act 59 of 1959, as amended. Section 21(1A) of the Act provides that the same requirements for leave to appeal apply to appeals from the High Court of South West Africa as to appeals from provincial or local divisions of the Supreme Court of South Africa. Section 20(4) of the Act stipulates that, in civil matters, an appeal from the full bench requires special leave to appeal from the court a quo or, if refused, from the appellate division. The appellant did not obtain such leave. The court rejected the argument that the State President's...

Citation
[1984] ZASCA 110
Parties
Appellant: Die Munisipaliteit van Windhoek; Respondent: Die Ministersraad van SWA/Namibia; Respondent: Die Suidwes-Afrikaanse Munisipale Personeelvereniging
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 September 1984
Case Number
93/83/AV
Procedural Posture
Civil Appeal / Appeal Before the Supreme Court of Appeal
Outcome
Appeal struck from the roll with costs due to lack of leave to appeal.
Judges
Wessels, Jansen, Van Heerden, Hefer, Eloff
Legal Topics
Leave to Appeal, Jurisdiction of Supreme Court, Interpretation of Statutes
Civil Procedure Leave to Appeal Jurisdiction of Supreme Court Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Die Munisipaliteit van Windhoek

Appellant

Die Ministersraad van SWA/Namibia

Respondent

Die Suidwes-Afrikaanse Munisipale Personeelvereniging

Respondent

Procedural Posture

Civil Appeal / Appeal Before the Supreme Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal from the High Court of South West Africa to the Supreme Court of Appeal was required.
  2. 2 Whether the relevant statutory provisions governing appeals applied to this case.
  3. 3 Whether the Supreme Court of Appeal had jurisdiction to hear the appeal without leave.

Ratio Decidendi

The Supreme Court of Appeal held that its jurisdiction to hear appeals from the High Court of South West Africa is governed by the Supreme Court Act 59 of 1959, as amended. Section 21(1A) of the Act provides that the same requirements for leave to appeal apply to appeals from the High Court of South West Africa as to appeals from provincial or local divisions of the Supreme Court of South Africa. Section 20(4) of the Act stipulates that, in civil matters, an appeal from the full bench requires special leave to appeal from the court a quo or, if refused, from the appellate division. The appellant did not obtain such leave. The court rejected the argument that the State President's...

Court Disposition

Appeal struck from the roll with costs due to lack of leave to appeal.

Orders

  • The appeal is struck from the roll with costs.
  • No further relief is granted.