Shabangu and Others v S (R113/19) [2020] ZAMPMBHC 34 (10 June 2020)

Shabangu and Others v S (R113/19) [2020] ZAMPMBHC 34 (10 June 2020)

The court found that the accused lacked locus standi as the order did not alter their position and any alleged inconvenience was not the basis of the original judgment. The Regional Court President was given full opportunity to respond and was joined in substance, even if not formally. The procedural arguments regarding non-joinder and Rule 53 were not raised during the review and cannot be considered for the first time on appeal. The court held that there were no reasonable prospects of success for the appeal and that important principles governing leave to appeal should not be compromised merely to create an opportunity for the Supreme Court of Appeal to pronounce on procedural matters.

Citation
[2020] ZAMPMBHC 34
Parties
Applicant: Blues Excellent Shabangu; Applicant: Mandla Shakoane; Applicant: Sthembiso Ngujana; Applicant: Patrick Ngujana; Applicant: Naomi A Engelbrecht; Respondent: The State
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
10 June 2020
Case Number
R113/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Following a Special Review Judgment.
Outcome
Application for leave to appeal dismissed.
Judges
B M Ngoepe, C Pretorius, Mangke
Legal Topics
Leave to Appeal, Locus Standi, Review Procedure, Non Joinder, Superior Courts Act, Rule 53
Criminal Law Civil Procedure Leave to Appeal Locus Standi Review Procedure Non Joinder Superior Courts Act Rule 53

Case Brief

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Parties

Blues Excellent Shabangu

Applicant

Mandla Shakoane

Applicant

Sthembiso Ngujana

Applicant

Patrick Ngujana

Applicant

Naomi A Engelbrecht

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Following a Special Review Judgment.

Legal Issues

  1. 1 Whether the applicants have locus standi to appeal the review judgment.
  2. 2 Whether the Regional Court President may note an appeal in her official or personal capacity.
  3. 3 Whether the review proceedings were vitiated by procedural irregularities, specifically non-joinder and failure to invoke Rule 53.

Ratio Decidendi

The court found that the accused lacked locus standi as the order did not alter their position and any alleged inconvenience was not the basis of the original judgment. The Regional Court President was given full opportunity to respond and was joined in substance, even if not formally. The procedural arguments regarding non-joinder and Rule 53 were not raised during the review and cannot be considered for the first time on appeal. The court held that there were no reasonable prospects of success for the appeal and that important principles governing leave to appeal should not be compromised merely to create an opportunity for the Supreme Court of Appeal to pronounce on procedural matters.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.