About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Constitutional Court
SAFLII
>>
Databases
>>
South Africa: Constitutional Court
>>
2004
>>
[2004] ZACC 2
|
|
S v Western Areas Ltd and Others (CCT 4/04) [2004] ZACC 2; 2004 (8) BCLR 819 (CC); 2004 (1) SACR 567 (CC) (5 April 2004)
CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT 4/04
WESTERN AREAS LIMITED First Applicant
ROGER BRETT KEBBLE Second
Applicant
ROGER AINSLEY RALPH KEBBLE Third
Applicant
versus
THE STATE Respondent
Decided on : 5
April 2004
JUDGMENT
THE COURT:
[1]
The applicants are charged
with various counts of fraud in the High Court. They apply for
“conditional” leave to appeal
to this Court against an order
dismissing their objection to the indictment in terms of
section 319
of the
Criminal Procedure Act 51 of 1977
. They have also applied for leave to appeal
to the Supreme Court of Appeal (the SCA) and fear that their appeal may not be
considered
on the merits.
[1]
The
application for leave to appeal to this Court is not conditional upon their
application to the SCA being refused but on a refusal
by the SCA to consider the
appeal on its merits.
[2]
The application is
misconceived and unnecessary.
Rules 19(1)
and (2) of the rules of this Court
provide:
“(1) The procedure set out in this rule shall be followed in an
application for leave to appeal to the Court where a decision
on a
constitutional matter, other than an order of constitutional invalidity under
section 172(2)(a) of the Constitution, has been
given by any court including the
Supreme Court of Appeal, and irrespective of whether the President has refused
leave or special
leave to appeal.
(2) A litigant who is aggrieved by the decision of a court and who wishes to
appeal against it directly to the Court on a constitutional
matter shall, within
15 days of the order against which the appeal is sought to be brought and after
giving notice to the other party
or parties concerned, lodge with the Registrar
an application for leave to appeal: Provided that where the President has
refused
leave to appeal the period prescribed in this rule shall run from the
date of the order refusing leave.”
[3]
These rules allow a litigant
aggrieved by a decision of any court, including the SCA to appeal against that
decision to this Court
within 15 days of the order against which the appeal is
directed. It is therefore competent for an application for leave to appeal
to
be brought within 15 days of the date of a decision by the SCA refusing to
consider the appeal on its merits. The applicants
can also apply for leave to
appeal within 15 days of the refusal of an application for leave to appeal to
the President of the SCA.
The application for “conditional” leave
to appeal must be refused.
Order
[4]
The application is
dismissed.
Chaskalson CJ, Madala J,
Mokgoro J, Moseneke J, O’Regan J, Sachs J, Skweyiya J, Van der Westhuizen
J, Yacoob J.
[1]
It may be that they anticipate
that the SCA will not exercise jurisdiction to hear the appeal following its
decision in the cases
of
S v Basson
[2003] 3 All SA 51
(SCA) and
R v
Adams
1959 (3) SA 753
(A).