S v Bjanyane - Appeal (A51/2020) [2023] ZAGPJHC 1087; 2024 (1) SACR 428 (GJ) (28 September 2023)

S v Bjanyane - Appeal (A51/2020) [2023] ZAGPJHC 1087; 2024 (1) SACR 428 (GJ) (28 September 2023)

The court held that sections 315 and 316 of the Criminal Procedure Act only afford a right of appeal to accused persons and do not permit the State to appeal an acquittal to the Full Court. The only route for the State to appeal an acquittal from the High Court is under section 319 by reserving a question of law arising on the trial, which may be done after judgment. The court found that the State had followed the incorrect statutory procedure and, as a result, the Full Court lacked jurisdiction to hear the appeal. The point in limine raised by the respondent was upheld, and the appeal was struck off the roll.

Citation
[2023] ZAGPJHC 1087
Parties
Appellant: The State; Respondent: Mageru Samuel Bjanyane
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 September 2023
Case Number
A51/2020
Procedural Posture
Criminal Appeal / Appeal Against Acquittal; Point in Limine on Jurisdiction
Outcome
Appeal struck off the roll due to lack of jurisdiction; point in limine upheld.
Judges
WJ Britz, MA Makume, S Johnson
Legal Topics
Criminal Procedure Act, Jurisdiction of Full Court, Reservation of Question of Law, Appeal by State, Acquittal, Leave to Appeal
Criminal Law Civil Procedure Criminal Procedure Act Jurisdiction of Full Court Reservation of Question of Law Appeal by State Acquittal Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Appellant

Mageru Samuel Bjanyane

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Acquittal; Point in Limine on Jurisdiction

Legal Issues

  1. 1 Whether the State may appeal an acquittal under sections 315 and 316 of the Criminal Procedure Act.
  2. 2 Whether the Full Court has jurisdiction to hear an appeal by the State under sections 315 and 316 of the CPA.
  3. 3 Whether section 319 of the CPA is the only proper procedure for the State to appeal an acquittal by reserving a question of law.

Ratio Decidendi

The court held that sections 315 and 316 of the Criminal Procedure Act only afford a right of appeal to accused persons and do not permit the State to appeal an acquittal to the Full Court. The only route for the State to appeal an acquittal from the High Court is under section 319 by reserving a question of law arising on the trial, which may be done after judgment. The court found that the State had followed the incorrect statutory procedure and, as a result, the Full Court lacked jurisdiction to hear the appeal. The point in limine raised by the respondent was upheld, and the appeal was struck off the roll.

Court Disposition

Appeal struck off the roll due to lack of jurisdiction; point in limine upheld.

Orders

  • The point in limine is upheld.
  • The appeal is struck off the roll.