Nontshinga and Others v S (770/2015) [2016] ZASCA 76 (27 May 2016)

Nontshinga and Others v S (770/2015) [2016] ZASCA 76 (27 May 2016)

The Supreme Court of Appeal determined that it lacked jurisdiction to hear the appeal because the appellants had not sought leave from the High Court against the refusal of their petition for leave to appeal. The order granting special leave to appeal was therefore a nullity. Both parties conceded that the appeal was not properly before the Supreme Court of Appeal. The matter was struck from the roll, with the court noting that the appellants could seek the necessary leave from the High Court in light of the outcome in Bolo v S.

Citation
[2016] ZASCA 76
Parties
Appellant: Mfundo Nontshinga; Appellant: Mzwekhaya Zagana; Appellant: Mandla Mazwi; Appellant: Dumisani Sikakana; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 May 2016
Case Number
770/2015
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Petition for Leave to Appeal; Matter Struck From the Roll
Outcome
Matter struck from the roll due to lack of jurisdiction.
Judges
Leach, Saldulker, Dambuza
Legal Topics
Leave to Appeal, Jurisdiction of Supreme Court of Appeal, Special Leave, Superior Courts Act, Criminal Conviction, Unlawful Possession of Firearm
Criminal Law Civil Procedure Leave to Appeal Jurisdiction of Supreme Court of Appeal Special Leave Superior Courts Act Criminal Conviction Unlawful Possession of Firearm

Case Brief

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Parties

Mfundo Nontshinga

Appellant

Mzwekhaya Zagana

Appellant

Mandla Mazwi

Appellant

Dumisani Sikakana

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Petition for Leave to Appeal; Matter Struck From the Roll

Legal Issues

  1. 1 Whether the Supreme Court of Appeal had jurisdiction to grant special leave to appeal against the refusal of a petition for leave to appeal by the High Court before the commencement of the Superior Courts Act 10 of 2013.
  2. 2 Whether the order granting special leave to appeal was valid in the absence of leave sought from the High Court.
  3. 3 Whether the appeal was properly before the Supreme Court of Appeal.

Ratio Decidendi

The Supreme Court of Appeal determined that it lacked jurisdiction to hear the appeal because the appellants had not sought leave from the High Court against the refusal of their petition for leave to appeal. The order granting special leave to appeal was therefore a nullity. Both parties conceded that the appeal was not properly before the Supreme Court of Appeal. The matter was struck from the roll, with the court noting that the appellants could seek the necessary leave from the High Court in light of the outcome in Bolo v S.

Court Disposition

Matter struck from the roll due to lack of jurisdiction.

Orders

  • The matter is struck from the roll.