Kouwenhoven v Minister of Police and Others (1477/2018) [2019] ZAWCHC 153 (15 November 2019)

Kouwenhoven v Minister of Police and Others (1477/2018) [2019] ZAWCHC 153 (15 November 2019)

The court found that the applicant failed to meet the threshold for leave to appeal, as there was no reasonable prospect of success nor any compelling reason for the appeal to be heard by the Supreme Court of Appeal. The conflicting judgments on the commissioning of affidavits by police officers did not constitute a sufficient ground for appeal, as the court was persuaded by the Sihlobo line of decisions and found the Dyani approach unsupported by the regulation's wording. The appeal would not have a practical effect or result, given the likelihood that the extradition enquiry would be concluded before any appeal is heard, and parallel processes would not resolve the real issues between...

Citation
[2019] ZAWCHC 153
Parties
Applicant: Augustinus Petrus Maria Kouwenhoven; Respondent: Minister of Police; Respondent: Director of Public Prosecutions: Western Cape; Respondent: Minister of Justice and Correctional Services; Respondent: Magistrate: Pretoria; Respondent: Additional Magistrate: Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 November 2019
Case Number
1477/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Main Judgment
Outcome
Application for leave to appeal refused; costs awarded against applicant.
Judges
Cloete, Fortuin
Legal Topics
Extradition Act, Warrant of Arrest, Commissioning of Affidavits, Leave to Appeal Threshold
Criminal Law Civil Procedure Extradition Act Warrant of Arrest Commissioning of Affidavits Leave to Appeal Threshold

Case Brief

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Parties

Augustinus Petrus Maria Kouwenhoven

Applicant

Minister of Police

Respondent

Director of Public Prosecutions: Western Cape

Respondent

Minister of Justice and Correctional Services

Respondent

Magistrate: Pretoria

Respondent

Additional Magistrate: Cape Town

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Main Judgment

Legal Issues

  1. 1 Whether there is a reasonable prospect of success on appeal regarding the lawfulness of the warrant of arrest.
  2. 2 Whether there are compelling reasons for leave to appeal to be granted to the Supreme Court of Appeal.
  3. 3 Whether the commissioning of affidavits by police officers for their colleagues constitutes a ground for appeal.

Ratio Decidendi

The court found that the applicant failed to meet the threshold for leave to appeal, as there was no reasonable prospect of success nor any compelling reason for the appeal to be heard by the Supreme Court of Appeal. The conflicting judgments on the commissioning of affidavits by police officers did not constitute a sufficient ground for appeal, as the court was persuaded by the Sihlobo line of decisions and found the Dyani approach unsupported by the regulation's wording. The appeal would not have a practical effect or result, given the likelihood that the extradition enquiry would be concluded before any appeal is heard, and parallel processes would not resolve the real issues between...

Court Disposition

Application for leave to appeal refused; costs awarded against applicant.

Orders

  • The application for leave to appeal is refused.
  • The applicant shall pay the costs of the first to third respondents on the scale as between party and party as taxed or agreed, including the costs of two counsel in each instance.