S v Western Areas Ltd and Others (CCT 4/04) [2004] ZACC 2; 2004 (8) BCLR 819 (CC); 2004 (1) SACR 567 (CC) (5 April 2004)

S v Western Areas Ltd and Others (CCT 4/04) [2004] ZACC 2; 2004 (8) BCLR 819 (CC); 2004 (1) SACR 567 (CC) (5 April 2004)

The Constitutional Court held that the application for conditional leave to appeal was misconceived and unnecessary. The rules of the Court allow any litigant aggrieved by a decision of any court, including the Supreme Court of Appeal, to apply for leave to appeal directly to the Constitutional Court within 15 days of the relevant order. There is no need for a conditional application, as the rules provide a clear and sufficient procedure for such appeals. Accordingly, the application for conditional leave to appeal was dismissed.

Citation
[2004] ZACC 2
Parties
Applicant: Western Areas Limited; Applicant: Roger Brett Kebble; Applicant: Roger Ainsley Ralph Kebble; Respondent: The State
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
5 April 2004
Case Number
CCT 4/04
Procedural Posture
Leave to Appeal / Application for Conditional Leave to Appeal to the Constitutional Court
Outcome
Application for conditional leave to appeal dismissed.
Judges
Chaskalson, Madala, Mokgoro, Moseneke, O'Regan, Sachs, Skweyiya, Van der Westhuizen, Yacoob
Legal Topics
Leave to Appeal, Criminal Indictment, Constitutional Jurisdiction
Criminal Law Civil Procedure Leave to Appeal Criminal Indictment Constitutional Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Western Areas Limited

Applicant

Roger Brett Kebble

Applicant

Roger Ainsley Ralph Kebble

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Conditional Leave to Appeal to the Constitutional Court

Legal Issues

  1. 1 Whether the applicants are entitled to apply for conditional leave to appeal to the Constitutional Court pending the outcome of their application to the Supreme Court of Appeal.
  2. 2 Whether the rules of the Constitutional Court permit a conditional application for leave to appeal.
  3. 3 Whether the application for conditional leave to appeal is necessary or misconceived.

Ratio Decidendi

The Constitutional Court held that the application for conditional leave to appeal was misconceived and unnecessary. The rules of the Court allow any litigant aggrieved by a decision of any court, including the Supreme Court of Appeal, to apply for leave to appeal directly to the Constitutional Court within 15 days of the relevant order. There is no need for a conditional application, as the rules provide a clear and sufficient procedure for such appeals. Accordingly, the application for conditional leave to appeal was dismissed.

Court Disposition

Application for conditional leave to appeal dismissed.

Orders

  • The application is dismissed.