S v Western Areas Ltd and Others ((065/2004,245/04)) [2005] ZASCA 31; [2005] 3 All SA 541 (SCA); 2005 (5) SA 214 (SCA); 2005 (1) SACR 441 (SCA); 2005 (12) BCLR 1269 (SCA) (31 March 2005)

S v Western Areas Ltd and Others ((065/2004,245/04)) [2005] ZASCA 31; [2005] 3 All SA 541 (SCA); 2005 (5) SA 214 (SCA); 2005 (1) SACR 441 (SCA); 2005 (12) BCLR 1269 (SCA) (31 March 2005)

The Supreme Court of Appeal held that it does not have jurisdiction to hear an appeal against the dismissal of an objection to the indictment before the close of the criminal trial, unless the interests of justice so require. The decision of the High Court was not final in law, as it remained open to reconsideration at the end of the trial and did not dispose of any substantial portion of the relief claimed. The Court rejected the argument that s 168(3) of the Constitution confers unlimited appellate jurisdiction, finding that appealability remains governed by statutory provisions and established principles. The interests of justice did not require immediate appellate intervention, as the...

Citation
[2005] ZASCA 31
Parties
Appellant: Western Areas Limited; Appellant: Roger Brett Kebble; Appellant: Hendrik Christoffel Buitendag; Appellant: Roger Ainsley Ralph Kebble; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 March 2005
Case Number
065/2004,245/04
Procedural Posture
Criminal Appeal / Appeal Against Dismissal of Objection to Indictment Before Plea; Interlocutory Appeal
Outcome
Matter struck from the roll; appeal not entertained at this stage.
Judges
Howie, Scott, Farlam, Mthiyane, Cloete
Legal Topics
Appealability, Objection to Indictment, Interests of Justice, Finality of Decisions, Constitutional Interpretation
Criminal Law Civil Procedure Appealability Objection to Indictment Interests of Justice Finality of Decisions Constitutional Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Western Areas Limited

Appellant

Roger Brett Kebble

Appellant

Hendrik Christoffel Buitendag

Appellant

Roger Ainsley Ralph Kebble

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Dismissal of Objection to Indictment Before Plea; Interlocutory Appeal

Legal Issues

  1. 1 Whether the Supreme Court of Appeal has jurisdiction to hear an appeal against the dismissal of an objection to the indictment before the close of the criminal trial.
  2. 2 Whether the decision dismissing the objection to the indictment is final and thus appealable under s 21(1) of the Supreme Court Act.
  3. 3 Whether the interests of justice require that the appeal be heard before the conclusion of the trial.

Ratio Decidendi

The Supreme Court of Appeal held that it does not have jurisdiction to hear an appeal against the dismissal of an objection to the indictment before the close of the criminal trial, unless the interests of justice so require. The decision of the High Court was not final in law, as it remained open to reconsideration at the end of the trial and did not dispose of any substantial portion of the relief claimed. The Court rejected the argument that s 168(3) of the Constitution confers unlimited appellate jurisdiction, finding that appealability remains governed by statutory provisions and established principles. The interests of justice did not require immediate appellate intervention, as the...

Court Disposition

Matter struck from the roll; appeal not entertained at this stage.

Orders

  • The matter is struck from the roll.