IN THE HIGH COURT OF SOUTH AFRICA
FREE STATE DIVISION, BLOEMFONTEIN
In the matter between
ERNEST PULE CHAMBISO
and
ADV AMANDA BESTER
LYNDA STYNE
DAWIE REYNEKE
SOUTH AFRICAN POLICE SERVICE
Not reportable
Case no: 2411/2025
APPLICANT
FIRST RESPONDENT
SECOND RESPONDENT
THIRD RESPONDENT
FOURTH RESPONDENT
Neutral citation: Chambiso v Bester and Others (2411 /2025) [2026] ZAFSHC 415
(01 September 2026)
Coram: MHLAMBI J
Heard: On papers
Delivered: This judgment was handed down electronically by circulation to the
parties' representatives by email and released to SAFLII. The date and time for hand
down is deemed to be 01 September 2026 on 14h00.
Summary : Application for leave to appeal - does the appeal have a
reasonable prospect of success - grounds of appeal not set out - dismissed with costs .
ORDER
The application for leave to appeal is dismissed with costs.
JUDGMENT
Mhlambi J
[1] This is an opposed application for leave to appeal from my entire judgment and
order, dismissing the application with costs, handed down on 18 February 2026, to a Full
Court of this Division, alternatively, to the Supreme Court of Appeal.
[2] Section 17(1)(a) of the Superior Courts Act 10 of 2013 provides that leave to
appeal may be granted only if the judge or judges concerned are of the opinion that the
appeal has a reasonable prospect of success, or there is some other compelling reason
for the appeal to be heard, including conflicting judgments on the matter under
consideration.
(3] The notice of motion does not set out the grounds of appeal; it only states that
the costs order against the applicant is set aside and that the respondents are ordered to
produce the arrest documents necessary to determine the legality of the applicant's arrest
and prosecution. The appellate court should consider whether the applicant's
constitutional rights under sections 32, 34, and 35 of the Constitution were violated.
[4] The parties filed heads of argument after a directive was issued in terms of s
19(a) of the Superior Courts Act, as I intended to dispose of the appeal without hearing
oral argument. I thoroughly perused the heads of argument and the judgment appealed
against. I am of the view that there is no reasonable prospect of success in this appeal or
some other compelling reason why the appeal should be heard. Therefore, the application
for leave to appeal falls to be dismissed.
[5] Accordingly , I hereby make the following order:
The application for leave to appeal is dismissed with costs.
I
J J MHLAMBI
JUDGE OF THE HIGH COURT
Appearances
For the Appellant:
Instructed by:
For the Respondents :
Instructed by:
E Chambiso
In Person
A Nobetsu
Legal Aid South Africa