Savoi and Others v National Prosecuting Authority and Another (5867/2013) [2018] ZAKZPHC 78 (11 September 2018)

Savoi and Others v National Prosecuting Authority and Another (5867/2013) [2018] ZAKZPHC 78 (11 September 2018)

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal or any compelling reasons for leave to appeal under section 17(1)(a) of the Superior Courts Act. The grounds advanced by the applicants were largely a repetition of arguments previously considered and rejected. The court distinguished the present matter from the cases cited by the applicants, noting that those cases concerned disclosure in civil proceedings, whereas the current application related to documents in permanent stay proceedings. The court held that the presiding officer is best placed to rule on evidentiary matters and that the applicants face insurmountable hurdles regarding...

Citation
[2018] ZAKZPHC 78
Parties
Applicant: Gaston Savoi; Applicant: Intaka Holdings (Pty) Ltd; Applicant: Fernando Praderi; Respondent: National Prosecuting Authority; Respondent: South African Police Service
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
11 September 2018
Case Number
5867/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order of 23 February 2018
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mnguni
Legal Topics
Permanent Stay of Prosecution, Abuse of Process, Leave to Appeal, Disclosure of Documents
Criminal Law Civil Procedure Permanent Stay of Prosecution Abuse of Process Leave to Appeal Disclosure of Documents

Case Brief

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Parties

Gaston Savoi

Applicant

Intaka Holdings (Pty) Ltd

Applicant

Fernando Praderi

Applicant

National Prosecuting Authority

Respondent

South African Police Service

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order of 23 February 2018

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the judgment and order of 23 February 2018.
  2. 2 Whether there are compelling reasons under section 17(1)(a) of the Superior Courts Act to grant leave to appeal.
  3. 3 Whether the judgment is inconsistent with previous orders of disclosure granted in related matters.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal or any compelling reasons for leave to appeal under section 17(1)(a) of the Superior Courts Act. The grounds advanced by the applicants were largely a repetition of arguments previously considered and rejected. The court distinguished the present matter from the cases cited by the applicants, noting that those cases concerned disclosure in civil proceedings, whereas the current application related to documents in permanent stay proceedings. The court held that the presiding officer is best placed to rule on evidentiary matters and that the applicants face insurmountable hurdles regarding...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.