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