Tshepo v S (CAF 07/2022) [2024] ZANWHC 34 (15 February 2024)

Tshepo v S (CAF 07/2022) [2024] ZANWHC 34 (15 February 2024)

The Full Court held that the appellant failed to follow the correct procedure by not first seeking leave to appeal from the court a quo after his bail application was dismissed. The Superior Courts Act 10 of 2013 clearly requires that leave to appeal must be obtained before an appeal against the refusal of bail by the High Court can be entertained by the Full Court. The precedent set in S v Banger is binding and was not followed in the previous Full Court judgment relied upon by the appellant. As a result, the Full Court lacked jurisdiction to hear the appeal, and the matter was struck from the roll without consideration of the merits or the application for condonation.

Citation
[2024] ZANWHC 34
Parties
Appellant: Lobelo Tshepo; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
15 February 2024
Case Number
CAF 07/2022
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail Before Full Court
Outcome
Appeal struck from the roll due to procedural irregularity.
Judges
Hendricks, Mfenyana, Dibetso-Bodibe
Legal Topics
Bail Application, Leave to Appeal, Superior Courts Act, Stare Decisis
Criminal Law Civil Procedure Bail Application Leave to Appeal Superior Courts Act Stare Decisis

Case Brief

Summary, issues, holding and outcome

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Parties

Lobelo Tshepo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail Before Full Court

Legal Issues

  1. 1 Whether the correct procedure was followed to enroll the bail appeal before the Full Court.
  2. 2 Whether leave to appeal was required before approaching the Full Court.
  3. 3 Whether the Full Court has jurisdiction to hear the appeal without leave to appeal.

Ratio Decidendi

The Full Court held that the appellant failed to follow the correct procedure by not first seeking leave to appeal from the court a quo after his bail application was dismissed. The Superior Courts Act 10 of 2013 clearly requires that leave to appeal must be obtained before an appeal against the refusal of bail by the High Court can be entertained by the Full Court. The precedent set in S v Banger is binding and was not followed in the previous Full Court judgment relied upon by the appellant. As a result, the Full Court lacked jurisdiction to hear the appeal, and the matter was struck from the roll without consideration of the merits or the application for condonation.

Court Disposition

Appeal struck from the roll due to procedural irregularity.

Orders

  • The appeal is struck from the roll.