Salzmann v S (755/18) [2019] ZASCA 145; [2020] 1 All SA 361 (SCA); 2020 (2) SACR 200 (SCA) (13 November 2019)

Salzmann v S (755/18) [2019] ZASCA 145; [2020] 1 All SA 361 (SCA); 2020 (2) SACR 200 (SCA) (13 November 2019)

The majority held that the Superior Courts Act governs the appeal regime for proceedings commenced after its enactment. The appellant's trial was pending when the Act came into force, but his subsequent appeal to the Supreme Court of Appeal was a fresh proceeding, not covered by the deeming provision in s 52(2). Therefore, only the Supreme Court of Appeal could grant special leave to appeal, and the high court lacked jurisdiction. On the merits, the evidence overwhelmingly implicated the appellant in the cyber-attack on Cell C, given his access, technical knowledge, and the timing of the dial-up from his home computer. The trial court did not misdirect itself in convicting him. Regarding...

Citation
[2019] ZASCA 145
Parties
Appellant: Siegfried Ernst Salzmann; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
13 November 2019
Case Number
755/18
Procedural Posture
Criminal Appeal / Application for Special Leave to Appeal and Merits
Outcome
Application for special leave to appeal dismissed; matter struck from the roll. Majority judgment prevails.
Judges
LE Leach, FE Mokgohloa, M B Molemela, YT Mbatha, Saldulker, Molemela
Legal Topics
Special Leave to Appeal, Electronic Communications and Transactions Act, Unlawful Access to Computer Systems, Sentencing Principles, Delay in Criminal Proceedings
Criminal Law Civil Procedure Special Leave to Appeal Electronic Communications and Transactions Act Unlawful Access to Computer Systems Sentencing Principles Delay in Criminal Proceedings

Case Brief

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Parties

Siegfried Ernst Salzmann

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Special Leave to Appeal and Merits

Legal Issues

  1. 1 Whether the high court had jurisdiction to grant special leave to appeal to the Supreme Court of Appeal after the commencement of the Superior Courts Act.
  2. 2 Whether special leave to appeal should be granted to the appellant against conviction and sentence.
  3. 3 Whether the appellant's conviction for unlawful access and modification of computer data was justified on the evidence.

Ratio Decidendi

The majority held that the Superior Courts Act governs the appeal regime for proceedings commenced after its enactment. The appellant's trial was pending when the Act came into force, but his subsequent appeal to the Supreme Court of Appeal was a fresh proceeding, not covered by the deeming provision in s 52(2). Therefore, only the Supreme Court of Appeal could grant special leave to appeal, and the high court lacked jurisdiction. On the merits, the evidence overwhelmingly implicated the appellant in the cyber-attack on Cell C, given his access, technical knowledge, and the timing of the dial-up from his home computer. The trial court did not misdirect itself in convicting him. Regarding...

Court Disposition

Application for special leave to appeal dismissed; matter struck from the roll. Majority judgment prevails.

Orders

  • The appellant’s failure to timeously apply to this court for special leave to appeal is condoned.
  • The application for special leave to appeal is dismissed.