Van der Walt v Director of Public Prosecutions Mpumalanga (31/5/2019)) [2019] ZAMPMBHC 9; LEGODI JP (23 October 2019)

Van der Walt v Director of Public Prosecutions Mpumalanga (31/5/2019)) [2019] ZAMPMBHC 9; LEGODI JP (23 October 2019)

The court held that it does not have the legislative competence to consider reasonable prospects of success on appeal for the purpose of extending bail pending petition to the Supreme Court of Appeal. The Superior Courts Act expressly excludes such competence, and there is no basis for distinguishing between standards of proof for leave to appeal and extension of bail. The court rejected the argument that it has inherent powers to do so under common law or the Constitution. The Supreme Court of Appeal is best suited to deal with bail extensions in these circumstances. Even if the court had competence, the applicant failed to establish grounds for extension of bail, as his case did not...

Citation
[2019] ZAMPMBHC 9
Parties
Applicant: Dr Danie Van der Walt; Respondent: Director of Public Prosecutions Mpumalanga
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
23 October 2019
Case Number
1683/2019
Procedural Posture
Urgent Application / Application for Extension of Bail Pending Petition for Special Leave to the Supreme Court of Appeal
Outcome
Application dismissed for lack of competence to consider extension of bail and reasonable prospects of success on appeal.
Judges
Legodi JP, Brauckmann AJ
Legal Topics
Extension of Bail, Leave to Appeal, Superior Courts Act, Reasonable Prospects of Success
Criminal Law Civil Procedure Extension of Bail Leave to Appeal Superior Courts Act Reasonable Prospects of Success

Case Brief

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Parties

Dr Danie Van der Walt

Applicant

Director of Public Prosecutions Mpumalanga

Respondent

Procedural Posture

Urgent Application / Application for Extension of Bail Pending Petition for Special Leave to the Supreme Court of Appeal

Legal Issues

  1. 1 Is this court competent to determine reasonable prospects of success on appeal for the purpose of extending bail pending petition to the Supreme Court of Appeal.
  2. 2 Does the Superior Courts Act exclude this court's competence to consider prospects of success in such applications.
  3. 3 Should bail be extended pending the petition for special leave to appeal.

Ratio Decidendi

The court held that it does not have the legislative competence to consider reasonable prospects of success on appeal for the purpose of extending bail pending petition to the Supreme Court of Appeal. The Superior Courts Act expressly excludes such competence, and there is no basis for distinguishing between standards of proof for leave to appeal and extension of bail. The court rejected the argument that it has inherent powers to do so under common law or the Constitution. The Supreme Court of Appeal is best suited to deal with bail extensions in these circumstances. Even if the court had competence, the applicant failed to establish grounds for extension of bail, as his case did not...

Court Disposition

Application dismissed for lack of competence to consider extension of bail and reasonable prospects of success on appeal.

Orders

  • The application for extension of bail pending petition to the Supreme Court of Appeal is dismissed.