South Africa Case Law

Gardiner v S (A243/09)

Gardiner v S (A243/09) [2009] ZAGPJHC 48 (10 September 2009)

Court

South Gauteng High Court, Johannesburg

Case number

A243/09

Judges

M P Tsoka, F H D van Oosten, M Jajbhay

The Full Bench held that Willis J was not competent to grant leave to appeal to the Full Bench against conviction after the petition procedure under section 309C of the Criminal Procedure Act had been exhausted. The correct procedure, as established by statute and case law, is to petition the President of the Supreme Court of Appeal for leave to appeal. The order granting leave to appeal was therefore a nullity and did not confer jurisdiction on the Full Bench to hear the appeal. As a result, there was no proper appeal before the court, and the matter had to be struck off the roll.

Source excerpt

• Leave To Appeal
• Jurisdiction Of High Court
• Petition Procedure
• Supreme Court Act
• Criminal Conviction Appeal