Tolaone v Minister of Police - Leave to Appeal Judgment (433/2019) [2023] ZAFSHC 287 (21 July 2023)

Tolaone v Minister of Police - Leave to Appeal Judgment (433/2019) [2023] ZAFSHC 287 (21 July 2023)

The court found that, having considered the submissions and the grounds for appeal, there are reasonable prospects that another court may come to a different conclusion regarding the reliability of the identification evidence and the lawfulness of the arrest. The applicant provided an acceptable full explanation for the delay in filing the cross-appeal, and fairness to both parties requires that condonation be granted. Consequently, both the application for leave to appeal and the application for leave to cross-appeal, including condonation for late filing, are granted.

Citation
[2023] ZAFSHC 287
Parties
Plaintiff: Tshidiso Paul Tolaone; Defendant: The Minister of Police
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 July 2023
Case Number
433/2019
Procedural Posture
Leave to Appeal / Leave to Appeal Against the Whole Order of the Judgment Granted on 13 January 2023, With Cross Appeal and Condonation Applications.
Outcome
Leave to appeal and leave to cross-appeal are granted, including condonation for late filing. Costs in both applications will be costs in the appeal.
Judges
S Chesiwe
Legal Topics
Leave to Appeal, Condonation, Identification Evidence, Lawful Arrest
Civil Procedure Delict Leave to Appeal Condonation Identification Evidence Lawful Arrest

Case Brief

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Parties

Tshidiso Paul Tolaone

Plaintiff

The Minister of Police

Defendant

Procedural Posture

Leave to Appeal / Leave to Appeal Against the Whole Order of the Judgment Granted on 13 January 2023, With Cross Appeal and Condonation Applications.

Legal Issues

  1. 1 Whether leave to appeal should be granted to the full bench of the Division or the Supreme Court of Appeal.
  2. 2 Whether the late filing of the cross-appeal should be condoned.
  3. 3 Whether the identification evidence relied upon in the main judgment was reliable.

Ratio Decidendi

The court found that, having considered the submissions and the grounds for appeal, there are reasonable prospects that another court may come to a different conclusion regarding the reliability of the identification evidence and the lawfulness of the arrest. The applicant provided an acceptable full explanation for the delay in filing the cross-appeal, and fairness to both parties requires that condonation be granted. Consequently, both the application for leave to appeal and the application for leave to cross-appeal, including condonation for late filing, are granted.

Court Disposition

Leave to appeal and leave to cross-appeal are granted, including condonation for late filing. Costs in both applications will be costs in the appeal.

Orders

  • Leave to appeal the judgment and order granted on 13 January 2023 is granted to the full bench of this Division.
  • Leave for an application to cross-appeal the judgment and order granted on 13 January 2023 is granted to the full bench of this Division.