South Africa Case Law

Staggie v S (38/10)

Staggie v S (38/10) [2011] ZASCA 88; 2012 (2) SACR 311 (SCA) (27 May 2011)

Court

Supreme Court of Appeal

Case number

38/10

Judges

Harms, Malan, Theron

The appeal was not properly prosecuted, with an unexplained and inexcusable delay of nearly seven years in filing the record and no application for condonation. No valid special entries were made, and the grounds advanced for appeal were insufficient and unsupported by argument or reference to the record. The trial court's discretionary rulings under sections 153 and 158 of the Criminal Procedure Act were correct and not susceptible to successful challenge. The appellant failed to demonstrate any miscarriage of justice or reasonable prospects of success. Accordingly, the appeal was struck fro…

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• Failure To Prosecute Appeal
• Special Entries
• Video Evidence
• In Camera Proceedings
• Witness Protection
• Fair Trial Rights

Van der Westhuizen v S (479/08)

Van der Westhuizen v S (479/08) [2009] ZASCA 48; 2009 (2) SACR 350 (SCA) ; [2009] 4 All SA 51 (SCA) (22 May 2009)

Court

Supreme Court of Appeal

Case number

479/08

Judges

Cloete, Snyders, Griesel

The appellant failed to provide a satisfactory explanation for his non-compliance with the rules in prosecuting his appeal, as his own account revealed prolonged inaction and lack of diligence. The alleged misunderstanding with his attorney did not justify the delay, and the appellant did not act with the urgency or seriousness required. Furthermore, the uncontested evidence established that the appellant, as National Contracts Manager for Dunlop, opened a secret account and facilitated fraudulent purchases at a government discount for persons not entitled to such benefits. His defence that h…

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• Condonation
• Failure To Prosecute Appeal
• Fraud
• Sentencing Disparity
• Judicial Discretion

KP Seabi v Sasfin Bank Ltd (A90/2007)

KP Seabi v Sasfin Bank Ltd (A90/2007) [2009] ZAGPPHC 291 (24 February 2009)

Court

North Gauteng High Court, Pretoria

Case number

A90/2007

Judges

Southwood, Makgoka

The High Court struck an appeal from the roll after the appellant failed to file heads of argument or give notice of set down, and awarded attorney-and-client costs.

• Failure To Prosecute Appeal
• Heads Of Argument
• Notice Of Set Down
• Costs Award
• Striking From Roll
• Civil-procedure