Cikolo v S (CA55/2023) [2024] ZAECMKHC 21 (14 February 2024)
Court
Eastern Cape High Court, Makhanda
Case number
CA55/2023
Judges
Govindjee, ZM Nhlangulela, NW Gqamana
The full court held it lacked jurisdiction to hear a further bail appeal from a single judge, because such appeals fall under the Superior Courts Act and require special leave from the SCA.
S v Bjanyane - Appeal (A51/2020) [2023] ZAGPJHC 1087; 2024 (1) SACR 428 (GJ) (28 September 2023)
Court
South Gauteng High Court, Johannesburg
Case number
A51/2020
Judges
WJ Britz, MA Makume, S Johnson
The court held that sections 315 and 316 of the Criminal Procedure Act only afford a right of appeal to accused persons and do not permit the State to appeal an acquittal to the Full Court. The only route for the State to appeal an acquittal from the High Court is under section 319 by reserving a question of law arising on the trial, which may be done after judgment. The court found that the State had followed the incorrect statutory procedure and, as a result, the Full Court lacked jurisdiction to hear the appeal. The point in limine raised by the respondent was upheld, and the appeal was st…
Sivhidzo v S (A304/2014) [2018] ZAGPJHC 655 (4 December 2018)
Court
South Gauteng High Court, Johannesburg
Case number
A304/2014
Judge
Mudau
The High Court held that it had jurisdiction to hear the criminal appeal and the condonation application, and condoned late service of heads of argument.
Otto Waste Systems (Pty) Limited v Pikitup Johannesburg (SOC) Limited and Others (2013/21677) [2014] ZAGPJHC 170 (10 June 2014)
Court
South Gauteng High Court, Johannesburg
Case number
2013/21677
Judge
Wright
The court granted leave to appeal on a just and equitable remedy issue and directed that the appeal be heard by the full court of the South Gauteng High Court.