Masoanganye v S (252/2011) [2011] ZASCA 119; 2012 (1) SACR 292 (SCA) (7 July 2011)
Court
Supreme Court of Appeal
Case number
252/2011
Judges
Harms, Brand, Maya
The Supreme Court of Appeal held that the special entries relied upon by the appellants did not qualify under section 318 of the Criminal Procedure Act, as they concerned attacks on rulings made during proceedings and did not relate to irregularities not appearing on the record. Therefore, the notices of appeal filed in the Supreme Court of Appeal were irregular and had to be set aside. The court found no factual basis for the appellants' belief that the full bench of the High Court would defer to the trial judge due to her position as judge president. Regarding bail, the trial court failed t…
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…
S v Malindi and Others (115/89) [1989] ZASCA 114; [1990] 4 All SA 45 (AD) (25 September 1989)
Court
Supreme Court of Appeal
Case number
115/89
Judges
CORBETT, BOTHA, NICHOLAS
The court granted a separate preliminary hearing on a special entry, amended the entry, and limited the record to Annexure A subject to supplementation.