Tuntubele v S (A524/12) [2014] ZAWCHC 91 (6 June 2014)

Tuntubele v S (A524/12) [2014] ZAWCHC 91 (6 June 2014)

The High Court found that it lacked jurisdiction to entertain the application for leave to appeal against its own judgment in a criminal matter decided on appeal from a lower court. The Superior Courts Act repealed the previous regime under the Supreme Court Act, and now any further appeal lies only to the Supreme Court of Appeal upon special leave. The Criminal Procedure Act does not regulate appeals from the High Court sitting as an appellate court in criminal matters, and no other criminal procedural law applies. Even if jurisdiction existed, the proposed appeal would not have reasonable prospects of success, as the identification evidence against the appellant was reliable and...

Citation
[2014] ZAWCHC 91
Parties
Appellant: Nkululeko Tuntubele; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
6 June 2014
Case Number
A524/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Appeal Against Conviction and Sentence in Regional Court
Outcome
Application for leave to appeal struck from the roll for lack of jurisdiction; application for extension of bail struck from the roll for want of prosecution.
Judges
A.G. Binns-Ward, A. Schippers
Legal Topics
Leave to Appeal, Jurisdiction of High Court, Armed Robbery, Identification Evidence
Criminal Law Civil Procedure Leave to Appeal Jurisdiction of High Court Armed Robbery Identification Evidence

Case Brief

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Parties

Nkululeko Tuntubele

Appellant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Appeal Against Conviction and Sentence in Regional Court

Legal Issues

  1. 1 Does the High Court have jurisdiction to entertain an application for leave to appeal against its own judgment in a criminal matter decided on appeal from a lower court?
  2. 2 Is there a reasonable prospect of success in the proposed further appeal against conviction and sentence?
  3. 3 Does the appellant's reliance on S v Charzan and Another 2006 (2) SA 143 (SCA) materially affect the reliability of identification evidence in this case?

Ratio Decidendi

The High Court found that it lacked jurisdiction to entertain the application for leave to appeal against its own judgment in a criminal matter decided on appeal from a lower court. The Superior Courts Act repealed the previous regime under the Supreme Court Act, and now any further appeal lies only to the Supreme Court of Appeal upon special leave. The Criminal Procedure Act does not regulate appeals from the High Court sitting as an appellate court in criminal matters, and no other criminal procedural law applies. Even if jurisdiction existed, the proposed appeal would not have reasonable prospects of success, as the identification evidence against the appellant was reliable and...

Court Disposition

Application for leave to appeal struck from the roll for lack of jurisdiction; application for extension of bail struck from the roll for want of prosecution.

Orders

  • The application for leave to appeal against the judgment of this court of 26 May 2014 is struck from the roll by virtue of an absence of jurisdiction in this court to entertain it.
  • The application for the extension of the appellant’s bail is struck from the roll for want of prosecution.