S v Khoasasa (515/2001) [2002] ZASCA 113; 2003 (1) SACR 123 (SCA); [2002] 4 All SA 635 (SCA) (20 September 2002)

S v Khoasasa (515/2001) [2002] ZASCA 113; 2003 (1) SACR 123 (SCA); [2002] 4 All SA 635 (SCA) (20 September 2002)

The Supreme Court of Appeal held that the refusal of leave to appeal by two judges of the Provincial Division under section 309C of the Criminal Procedure Act constitutes a decision given on appeal to it, as contemplated by section 20(4) of the Supreme Court Act. Therefore, an accused may appeal such a refusal to the Supreme Court of Appeal, but only with the necessary leave. However, in this case, the appellant did not first apply to the Provincial Division for leave to appeal against its refusal, and thus the Supreme Court of Appeal had no jurisdiction to grant leave or hear the appeal. The purported grant of leave by the Supreme Court of Appeal was null and void, and the appeal was...

Citation
[2002] ZASCA 113
Parties
Appellant: James Khoasasa; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 September 2002
Case Number
515/2001
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Leave to Appeal by Provincial Division Under Section 309 C of the Criminal Procedure Act 51 of 1977
Outcome
The appeal is struck off the roll for lack of jurisdiction.
Judges
Streicher, Farlam, Mpati
Legal Topics
Leave to Appeal, Criminal Procedure Act, Jurisdiction of Supreme Court of Appeal, Interpretation of Statutes
Criminal Law Civil Procedure Leave to Appeal Criminal Procedure Act Jurisdiction of Supreme Court of Appeal Interpretation of Statutes

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Parties

James Khoasasa

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Leave to Appeal by Provincial Division Under Section 309 C of the Criminal Procedure Act 51 of 1977

Legal Issues

  1. 1 Does an accused have a further right of appeal to the Supreme Court of Appeal after refusal of leave to appeal by the Provincial Division under section 309C of the Criminal Procedure Act?
  2. 2 What are the requirements for such an appeal?
  3. 3 Does the Supreme Court of Appeal have jurisdiction to hear an appeal against the refusal of leave to appeal by the Provincial Division?

Ratio Decidendi

The Supreme Court of Appeal held that the refusal of leave to appeal by two judges of the Provincial Division under section 309C of the Criminal Procedure Act constitutes a decision given on appeal to it, as contemplated by section 20(4) of the Supreme Court Act. Therefore, an accused may appeal such a refusal to the Supreme Court of Appeal, but only with the necessary leave. However, in this case, the appellant did not first apply to the Provincial Division for leave to appeal against its refusal, and thus the Supreme Court of Appeal had no jurisdiction to grant leave or hear the appeal. The purported grant of leave by the Supreme Court of Appeal was null and void, and the appeal was...

Court Disposition

The appeal is struck off the roll for lack of jurisdiction.

Orders

  • The appeal is struck off the roll.