South Africa Case Law

Mashau v S (A11/2022)

Mashau v S (A11/2022) [2023] ZAGPJHC 731 (27 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A11/2022

Judge

Thupaatlase

The High Court found that although the applicant had been granted leave to appeal his conviction and sentence, the appeal had not yet been set down for hearing in the High Court due to the failure of officials to prepare the record of proceedings. As a result, the matter was not pending before the High Court, and the High Court lacked jurisdiction to entertain a new bail application on alleged new facts. The correct procedure is for the applicant to bring his bail application before the regional court, which remains seized with the matter until the appeal is formally set down in the High Cour…

Source excerpt

• Bail Pending Appeal
• Jurisdiction Of High Court
• Criminal Procedure Act
• Leave To Appeal
• Record Preparation

Francois v Baker, In re: Baker v Francois (A260/2012)

Francois v Baker, In re: Baker v Francois (A260/2012) [2013] ZAWCHC 71 (10 May 2013)

Court

Western Cape High Court, Cape Town

Case number

A260/2012

Judges

J I Cloete, A J Smit

The High Court declared an appeal lapsed after the appellant failed to comply with Rule 50 requirements for prosecuting the appeal and awarded attorney-and-client costs.

• Appeal Lapse
• Condonation
• Costs Order
• Record Preparation
• Appeal-lapse
• Civil-procedure

Snyman v Snyman (25/1992)

Snyman v Snyman (25/1992) [1994] ZASCA 70 (20 May 1994)

Court

Supreme Court of Appeal

Case number

25/1992

Judges

Botha, Kumleben, Nicholas

The court held that the breaches of the rules regarding the preparation and filing of the record were egregious and that no satisfactory explanation was provided for the delays and errors. The failures were solely attributable to the appellant's attorneys, whose conduct was described as shockingly negligent and inexcusable. The court found that the explanations offered were either wholly inadequate or entirely absent, and that the record remained defective even after multiple attempts to rectify it. The court reaffirmed the principle that condonation may be refused in cases of flagrant breach…

Source excerpt

• Condonation
• Non Compliance With Court Rules
• Record Preparation
• Attorney Negligence