Potgieter v S (20109/2014) [2015] ZASCA 15 (17 March 2015)

Potgieter v S (20109/2014) [2015] ZASCA 15 (17 March 2015)

The Supreme Court of Appeal found that it lacked jurisdiction to hear the appeal because the full court of the Free State Division did not have the power to grant leave to appeal to the Supreme Court of Appeal. Section 16(1)(b) of the Superior Courts Act 10 of 2013 requires that special leave be granted by the Supreme Court of Appeal itself, not by the provincial division. The appellant failed to make a substantive application for special leave, and no special circumstances or reasonable prospects of success were demonstrated. The findings of the lower courts turned solely on credibility, and there was no substantial point of law or manifest injustice. Accordingly, the appeal was struck...

Citation
[2015] ZASCA 15
Parties
Appellant: Gerhardus Ignatius Potgieter; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 March 2015
Case Number
20109/2014
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court of Appeal
Outcome
Appeal struck from the roll due to lack of jurisdiction.
Judges
Lewis, Ponnan, Bosielo, Willis, Van der Merwe
Legal Topics
Jurisdiction of Appellate Court, Special Leave to Appeal, Rape Definition, Credibility Assessment
Criminal Law Civil Procedure Jurisdiction of Appellate Court Special Leave to Appeal Rape Definition Credibility Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Gerhardus Ignatius Potgieter

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Before Supreme Court of Appeal

Legal Issues

  1. 1 Does the Supreme Court of Appeal have jurisdiction to hear an appeal from a full court of a provincial division without special leave?
  2. 2 Was special leave to appeal properly granted by the provincial division?
  3. 3 Are there special circumstances warranting the granting of special leave to appeal in this matter?

Ratio Decidendi

The Supreme Court of Appeal found that it lacked jurisdiction to hear the appeal because the full court of the Free State Division did not have the power to grant leave to appeal to the Supreme Court of Appeal. Section 16(1)(b) of the Superior Courts Act 10 of 2013 requires that special leave be granted by the Supreme Court of Appeal itself, not by the provincial division. The appellant failed to make a substantive application for special leave, and no special circumstances or reasonable prospects of success were demonstrated. The findings of the lower courts turned solely on credibility, and there was no substantial point of law or manifest injustice. Accordingly, the appeal was struck...

Court Disposition

Appeal struck from the roll due to lack of jurisdiction.

Orders

  • The appeal is struck from the roll.