S v Absalom (532/87) [1989] ZASCA 46; [1989] 4 All SA 690 (AD) (31 March 1989)

S v Absalom (532/87) [1989] ZASCA 46; [1989] 4 All SA 690 (AD) (31 March 1989)

The Supreme Court of Appeal held that the Full Bench of the High Court of South West Africa lacked jurisdiction to hear the appeal against the refusal of condonation for late noting of appeal. The respondent's 1976 letter did not constitute an application for condonation, nor was it treated as such by the High Court. The right to appeal against refusal of condonation is conferred by section 21(1) of the Supreme Court Act, and no leave to appeal is required in such cases. The inherent powers of the court do not extend to conferring substantive jurisdiction where none exists by statute. The Full Bench's judgment was therefore a nullity, and the appeal by the Prosecutor-General to the...

Citation
[1989] ZASCA 46
Parties
Appellant: Die Staat; Respondent: Mattheus Absalom
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 March 1989
Case Number
532/87
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court of Appeal
Outcome
The appeal is struck from the roll due to lack of jurisdiction.
Judges
CORBETT, HR, HOEXTER, BOTHA, E M GROSSKOPF, NICHOLAS
Legal Topics
Condonation for Late Appeal, Jurisdiction of Appellate Courts, Inherent Powers of Court, Leave to Appeal
Criminal Law Civil Procedure Condonation for Late Appeal Jurisdiction of Appellate Courts Inherent Powers of Court Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Die Staat

Appellant

Mattheus Absalom

Respondent

Procedural Posture

Criminal Appeal / Appeal Before Supreme Court of Appeal

Legal Issues

  1. 1 Whether the respondent's 1976 letter constituted an application for condonation for late filing of appeal.
  2. 2 Whether the Full Bench of the High Court of South West Africa had jurisdiction to hear the appeal.
  3. 3 Whether leave to appeal was required for an appeal against refusal of condonation.

Ratio Decidendi

The Supreme Court of Appeal held that the Full Bench of the High Court of South West Africa lacked jurisdiction to hear the appeal against the refusal of condonation for late noting of appeal. The respondent's 1976 letter did not constitute an application for condonation, nor was it treated as such by the High Court. The right to appeal against refusal of condonation is conferred by section 21(1) of the Supreme Court Act, and no leave to appeal is required in such cases. The inherent powers of the court do not extend to conferring substantive jurisdiction where none exists by statute. The Full Bench's judgment was therefore a nullity, and the appeal by the Prosecutor-General to the...

Court Disposition

The appeal is struck from the roll due to lack of jurisdiction.

Orders

  • The appeal is struck from the roll.
  • No order as to costs.