Prokureur-Generaal van die Vrystaat v Ramakhosi (520/96) [1999] ZASCA 20 (26 March 1999)

Prokureur-Generaal van die Vrystaat v Ramakhosi (520/96) [1999] ZASCA 20 (26 March 1999)

The Supreme Court of Appeal held that the appeal by the attorney-general against the respondent's release on bail would have no practical effect or result, given the respondent's compliance with bail conditions and the likelihood that he would be released again if the appeal succeeded. The Court found that section 21A of the Supreme Court Act did not apply to this appeal, as the right of appeal was regulated solely by section 65A of the Criminal Procedure Act. The Court further held that it was permissible to consider facts arising after the respondent's release on bail for the limited purpose of determining whether the appeal would have any practical effect. In light of the appellant's...

Citation
[1999] ZASCA 20
Parties
Appellant: Die Prokureur-Generaal van die Vrystaat; Respondent: Johannes Ramakhosi
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 1999
Case Number
520/96
Procedural Posture
Criminal Appeal / Appeal From Bail Order
Outcome
Appeal dismissed; point in limine decided in favour of the respondent.
Judges
Grosskopf JA, Olivier JA, Melunsky AJA
Legal Topics
Bail Appeal, Practical Effect of Judgment, Supreme Court Act Section 21a, Criminal Procedure Act Section 65a
Criminal Law Civil Procedure Bail Appeal Practical Effect of Judgment Supreme Court Act Section 21a Criminal Procedure Act Section 65a

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Die Prokureur-Generaal van die Vrystaat

Appellant

Johannes Ramakhosi

Respondent

Procedural Posture

Criminal Appeal / Appeal From Bail Order

Legal Issues

  1. 1 Whether the appeal by the attorney-general against the respondent's release on bail would have any practical effect or result.
  2. 2 Whether section 21A of the Supreme Court Act 59 of 1959 applies to appeals against bail orders brought by the attorney-general.
  3. 3 Whether the Supreme Court of Appeal may consider facts arising after the respondent's release on bail in determining the appeal.

Ratio Decidendi

The Supreme Court of Appeal held that the appeal by the attorney-general against the respondent's release on bail would have no practical effect or result, given the respondent's compliance with bail conditions and the likelihood that he would be released again if the appeal succeeded. The Court found that section 21A of the Supreme Court Act did not apply to this appeal, as the right of appeal was regulated solely by section 65A of the Criminal Procedure Act. The Court further held that it was permissible to consider facts arising after the respondent's release on bail for the limited purpose of determining whether the appeal would have any practical effect. In light of the appellant's...

Court Disposition

Appeal dismissed; point in limine decided in favour of the respondent.

Orders

  • The appeal is dismissed.
  • No order as to costs.