Sivhidzo v S (A304/2014) [2018] ZAGPJHC 655 (4 December 2018)

Sivhidzo v S (A304/2014) [2018] ZAGPJHC 655 (4 December 2018)

The court determined that the full court of the High Court has jurisdiction to entertain the appeal and the condonation application, as the Supreme Court of Appeal granted leave to appeal to the full court of this division. The procedural rules governing criminal appeals to the full court place the responsibility for preparing and lodging the record on the registrar of the High Court, not the appellant. The failure to serve heads of argument on the required date was condoned, as there was no opposition from the respondent and no fault on the part of the appellant. The court found that the condonation application could be heard together with the appeal on the merits, and that the Uniform...

Citation
[2018] ZAGPJHC 655
Parties
Appellant: Mulalo Unity Sivhidzo; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 December 2018
Case Number
A304/2014
Procedural Posture
Criminal Appeal / Jurisdictional Dispute and Condonation Application Prior to Hearing on Merits
Outcome
The full court of the High Court has jurisdiction to entertain the appeal and the condonation application. The failure to serve heads of argument on the required date is condoned.
Judges
Mudau
Legal Topics
Condonation, Jurisdiction of Full Court, Criminal Appeal Procedure, Late Filing of Record
Criminal Law Civil Procedure Condonation Jurisdiction of Full Court Criminal Appeal Procedure Late Filing of Record

Case Brief

Summary, issues, holding and outcome

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Parties

Mulalo Unity Sivhidzo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Jurisdictional Dispute and Condonation Application Prior to Hearing on Merits

Legal Issues

  1. 1 Whether the full court of the High Court has jurisdiction to entertain the appeal and condonation application after leave to appeal was granted by the Supreme Court of Appeal.
  2. 2 Whether the appellant must approach the Supreme Court of Appeal to reinstate the appeal and apply for condonation for late filing of the record and heads of argument.
  3. 3 Whether the lateness in filing heads of argument and record should be condoned.

Ratio Decidendi

The court determined that the full court of the High Court has jurisdiction to entertain the appeal and the condonation application, as the Supreme Court of Appeal granted leave to appeal to the full court of this division. The procedural rules governing criminal appeals to the full court place the responsibility for preparing and lodging the record on the registrar of the High Court, not the appellant. The failure to serve heads of argument on the required date was condoned, as there was no opposition from the respondent and no fault on the part of the appellant. The court found that the condonation application could be heard together with the appeal on the merits, and that the Uniform...

Court Disposition

The full court of the High Court has jurisdiction to entertain the appeal and the condonation application. The failure to serve heads of argument on the required date is condoned.

Orders

  • The condonation application for late filing of heads of argument is granted.
  • The matter is to proceed before the full court for hearing on the merits of the appeal.