Salzmann v S (755/18)
Salzmann v S (755/18) [2019] ZASCA 145; [2020] 1 All SA 361 (SCA); 2020 (2) SACR 200 (SCA) (13 November 2019)
The majority held that the Superior Courts Act governs the appeal regime for proceedings commenced after its enactment. The appellant's trial was pending when the Act came into force, but his subsequent appeal to the Supreme Court of Appeal was a fresh proceeding, not covered by the deeming provision in s 52(2). Therefore, only the Supreme Court of Appeal could grant special leave to appeal, and the high court lacked jurisdiction. On the merits, the evidence overwhelmingly implicated the appellant in the cyber-attack on Cell C, given his access, technical knowledge, and the timing of the dial…
Source excerpt
- Special Leave To Appeal
- Electronic Communications And Transactions Act
- Unlawful Access To Computer Systems
- Sentencing Principles
- Delay In Criminal Proceedings