South Africa Case Law

S v Western Areas Ltd and Others ((065/2004,245/04))

S v Western Areas Ltd and Others ((065/2004,245/04)) [2005] ZASCA 31; [2005] 3 All SA 541 (SCA); 2005 (5) SA 214 (SCA); 2005 (1) SACR 441 (SCA); 2005 (12) BCLR 1269 (SCA) (31 March 2005)

Court

Supreme Court of Appeal

Case number

065/2004,245/04

Judges

Howie, Scott, Farlam, Mthiyane, Cloete

The Supreme Court of Appeal held that it does not have jurisdiction to hear an appeal against the dismissal of an objection to the indictment before the close of the criminal trial, unless the interests of justice so require. The decision of the High Court was not final in law, as it remained open to reconsideration at the end of the trial and did not dispose of any substantial portion of the relief claimed. The Court rejected the argument that s 168(3) of the Constitution confers unlimited appellate jurisdiction, finding that appealability remains governed by statutory provisions and establi…

Source excerpt

• Appealability
• Objection To Indictment
• Interests Of Justice
• Finality Of Decisions
• Constitutional Interpretation