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South Africa Case Law

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Criminal Law [2008] ZAWCHC 107

Van Der Merwe v S (A449/07)

Van Der Merwe v S (A449/07) [2008] ZAWCHC 107; 2009 (1) SACR 673 (C) (30 May 2008)

Court
Western Cape High Court, Cape Town
Case number
A449/07
Judges
E J S Steyn, E Moosa

The High Court does not have jurisdiction to entertain an appeal against conviction where leave to appeal was granted only against sentence. Statutory provisions, specifically section 309C of the Criminal Procedure Act, govern the right of appeal, and the refusal of leave to appeal against conviction by two judges is a judicial decision not subject to review by the same court. Inherent jurisdiction and review powers do not extend to hearing appeals outside statutory limits, nor does section 173 of the Constitution confer additional appellate rights beyond those provided by statute. The appell…

Source excerpt

  • Leave To Appeal
  • Jurisdiction Of High Court
  • Review Powers
  • Constitutional Right To Appeal
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Constitutional Law [2002] ZACC 19

Beyers v Eleven Judges of the Constitutional Court (CCT25/02)

Beyers v Eleven Judges of the Constitutional Court (CCT25/02) [2002] ZACC 19; 2002 (6) SA 630; 2002 (10) BCLR 1001 (10 September 2002)

Court
Constitutional Court
Case number
CCT25/02
Judges
Chaskalson HR, Langa AHR, Ackermann R, Goldstone R, Kriegler R, Madala R, Mokgoro R, Ngcobo R, O'Regan R, Sachs R, Yacoob R

The application was dismissed on both procedural and substantive grounds. Procedurally, the applicant failed to comply with the requirements for direct access to the Constitutional Court, as he did not motivate why the interests of justice warranted such access. Substantively, the relief sought was based on a misunderstanding of the law: courts of final instance, including the Constitutional Court and the Supreme Court of Appeal, are not required to provide reasons when refusing leave to appeal. This practice is justified by policy and practical considerations, including the need to control t…

Source excerpt

  • Direct Access To Constitutional Court
  • Judicial Immunity
  • Reasons For Refusal Of Leave To Appeal
  • Constitutional Right To Appeal
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Competition Law [2000] ZACAC 1

Glaxo Wellcome (Pty) Ltd and Others v Terblanche N.O.and Others

Glaxo Wellcome (Pty) Ltd and Others v Terblanche N.O.and Others [2000] ZACAC 1; 2001 (4) SA 891 (CAC) (11 October 2000)

Court
Competition Appeal Court
Case number
02/CAC/SEPTOO
Judge
Davis JP

The Competition Appeal Court does not have jurisdiction to suspend the operation and execution of an interim order granted by the Competition Tribunal under section 59(1) of the Competition Act unless the order is subject to a review or appeal. At the time the application was launched, no review proceedings had been instituted, and the subsequent filing of a review after the hearing cannot retrospectively cure the jurisdictional defect. Section 59 interim orders are not appealable under the Act, as they do not meet the common law criteria for appealability and are intended to provide temporar…

Source excerpt

  • Interim Relief
  • Appealability Of Interim Orders
  • Jurisdiction Of Competition Appeal Court
  • Balance Of Convenience
  • Constitutional Right To Appeal
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.