Omotoso and Others v S (CC 15/2018) [2018] ZAECPEHC 81 (30 October 2018)

Omotoso and Others v S (CC 15/2018) [2018] ZAECPEHC 81 (30 October 2018)

The court found that the application for leave to appeal was predicated on the wrong statutory provision, as section 16(1)(a)(i) of the Superior Courts Act does not apply to criminal matters. The grounds advanced by the applicants were convoluted, failed to distinguish between questions of fact and law, and did not meet the required standard of clarity. Allegations of bias were found to be unfounded and taken out of context, as the judge's conduct was necessitated by the emotional state of the witness and the need to ensure a complete record. The court held that there were no reasonable prospects of success nor any compelling reason to grant leave to appeal.

Citation
[2018] ZAECPEHC 81
Parties
Applicant: Timothy Omotoso; Applicant: Lusanda Sulani; Applicant: Zukiswa Sitho; Respondent: The State
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
30 October 2018
Case Number
CC 15/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Interlocutory Orders in Criminal Trial
Outcome
Applications for leave to appeal are dismissed.
Judges
M Makaula
Legal Topics
Leave to Appeal, Recusal of Judge, Quashing of Charges, Reasonable Prospect of Success
Criminal Law Civil Procedure Leave to Appeal Recusal of Judge Quashing of Charges Reasonable Prospect of Success

Case Brief

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Parties

Timothy Omotoso

Applicant

Lusanda Sulani

Applicant

Zukiswa Sitho

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Interlocutory Orders in Criminal Trial

Legal Issues

  1. 1 Whether the application for leave to appeal is competent under the Superior Courts Act in a criminal matter.
  2. 2 Whether the grounds for leave to appeal demonstrate reasonable prospects of success.
  3. 3 Whether the presiding judge's conduct during trial constituted bias or undue closeness to the complainant.

Ratio Decidendi

The court found that the application for leave to appeal was predicated on the wrong statutory provision, as section 16(1)(a)(i) of the Superior Courts Act does not apply to criminal matters. The grounds advanced by the applicants were convoluted, failed to distinguish between questions of fact and law, and did not meet the required standard of clarity. Allegations of bias were found to be unfounded and taken out of context, as the judge's conduct was necessitated by the emotional state of the witness and the need to ensure a complete record. The court held that there were no reasonable prospects of success nor any compelling reason to grant leave to appeal.

Court Disposition

Applications for leave to appeal are dismissed.

Orders

  • The applications for leave to appeal are dismissed.