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Criminal Law [2017] ZASCA 154

Carneiro v S (1040/2016)

Carneiro v S (1040/2016) [2017] ZASCA 154; 2018 (1) SACR 197 (SCA) (24 November 2017)

Court
Supreme Court of Appeal
Case number
1040/2016
Judges
Shongwe, Tshiqi, Majiedt, Mocumie, Tsoka

The Supreme Court of Appeal held that the application for leave to appeal, which was pending at the time of the promulgation of the Superior Courts Act 10 of 2013, must be governed by the Supreme Court Act 59 of 1959. The new Act is not purely procedural but also affects substantive rights by imposing a higher threshold for leave to appeal. The court found that the principle of non-retrospectivity applies, and the appellant's existing rights under the old Act cannot be prejudiced by the new Act. The high court erred in applying the new Act and striking the application off the roll. The matter…

Source excerpt

  • Leave To Appeal
  • Retrospective Application Of Statutes
  • Superior Courts Act
  • Supreme Court Act
  • Threshold For Leave To Appeal
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Criminal Law [2009] ZAGPJHC 48

Gardiner v S (A243/09)

Gardiner v S (A243/09) [2009] ZAGPJHC 48 (10 September 2009)

Court
South Gauteng High Court, Johannesburg
Case number
A243/09
Judges
M P Tsoka, F H D van Oosten, M Jajbhay

The Full Bench held that Willis J was not competent to grant leave to appeal to the Full Bench against conviction after the petition procedure under section 309C of the Criminal Procedure Act had been exhausted. The correct procedure, as established by statute and case law, is to petition the President of the Supreme Court of Appeal for leave to appeal. The order granting leave to appeal was therefore a nullity and did not confer jurisdiction on the Full Bench to hear the appeal. As a result, there was no proper appeal before the court, and the matter had to be struck off the roll.

Source excerpt

  • Leave To Appeal
  • Jurisdiction Of High Court
  • Petition Procedure
  • Supreme Court Act
  • Criminal Conviction Appeal
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Civil Procedure [2006] ZAWCHC 17

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
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Criminal Law [2005] ZANWHC 48

S v De Beer and Another (CC 104/2005)

S v De Beer and Another (CC 104/2005) [2005] ZANWHC 48 (22 June 2005)

Court
North West High Court, Mafikeng
Case number
CC 104/2005
Judge
MTR Mogoeng

The High Court's jurisdiction must be interpreted holistically and purposively. Although section 90 of the Magistrates Court Act is not expressly referenced in the Supreme Court Act, the High Court must be regarded as having at least the same territorial jurisdiction as the lower courts it oversees, including the four kilometre extension. To hold otherwise would create an inconsistency and absurdity, as the High Court would have review and appeal jurisdiction but not original jurisdiction over the same matter. The intention of Parliament is that the High Court enjoys the same jurisdiction as…

Source excerpt

  • Territorial Jurisdiction
  • Special Plea
  • Magistrates Court Act
  • Supreme Court Act
  • Criminal Procedure Act
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.