South Africa Case Law

Borman v Minister of Defence (A555/02)

Borman v Minister of Defence (A555/02) [2006] ZAWCHC 17; 2007 (2) SA 388 (C) (24 April 2006)

Court

Western Cape High Court, Cape Town

Case number

A555/02

Judges

D. Van Reenen, J.V. Knoll, B. Waglay

The High Court does not have jurisdiction to entertain an appeal from the Court of the Senior Military Judge after the matter has been confirmed on automatic review by the Court of Military Appeals. The agreement between the parties and the subsequent court order cannot confer jurisdiction where none exists in law. The appellant did not properly seek review of the conviction and sentence in accordance with the required procedures, and no factual basis for review was established. The High Court's review jurisdiction is limited to inferior courts within its area of jurisdiction and does not ext…

Source excerpt

• Military Court Jurisdiction
• Right Of Appeal
• Automatic Review
• Review Proceedings
• Supreme Court Act
• Jurisdictional Limits