About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Western Cape High Court, Cape Town
SAFLII
>>
Databases
>>
South Africa: Western Cape High Court, Cape Town
>>
2008
>>
[2008] ZAWCHC 248
|
|
Brown and Another v Director of Public Prosecutions and Others (8045/2008) [2008] ZAWCHC 248 (19 August 2008)
JUDGMENT
IN
THE HIGH COURT OF SOUTH AFRICA
(
CAPE
OF GOOD HOP PROVINCIAL DIVISIONS
CASE
NUMBER
:
8045/2008
DATE:
19
AUGUST 2008
In
the matter between:
1.
JOSEPH ARTHUR BROWN 1
st
APPLICANT
2.
SUSAN JENNIFER BROWN 2
nd
APPLICANT
and
1.
THE DIRECTOR OF PUBLIC
PROSECUTIONS 1
st
RESPONDENT
DIRECTORATE
OF SPECIAL
OPERATIONS
(WESTERN CAPE) 2
nd
RESPONDENT
THE
DISTRICT CONTROL
MAGISTRATE
(MR MAKU) 3
rd
RESPONDENT
THE
DISTRICT MAGISTRATE
(MR
VUSI MHLANGU) CAPE TOWN
MAGISTRATE COURT 4
th
RESPONDENT
JUDGMENT
(Leave to Appeal Application)
The applicants apply for leave to
appeal against the whole of the judgment delivered and orders made
by me on 2 June 2008. The
application is opposed. It is trite that
in an application of this nature, an applicant has to show that it
has a reasonable
prospect of success on appeal.
I have considered the grounds of the
intended appeal as set out in the notice of application dated 23
June 2008 as amplified by
the amended notice dated 18 August 2008. I
have also considered the submissions made on behalf of the parties
and in particular
too the heads of argument prepared by Mr Khan and
handed up today.
In my view there is, for the reasons
already furnished in my written judgment, no reasonable prospect
that another Court will
come to a different conclusion than the
conclusion to which I had come in my judgment. I should add that as
regards the constitutionality
of Section 43 of the Criminal
Procedure Act, it is in my view not the proper time for applicants,
at this belated stage, to challenge
the constitutionality of this
section. In the result the application for leave to appeal is
dismissed with costs.
FOURIE,
J