n South African Journal of Criminal Justice - Criminal procedure - recent cases

Volume 32 Number 3
  • ISSN : 1011-8527


In Cloete v S 2019 (2) SACR 130 (CC) the issue arose whether a decision of the president of the Supreme Court of Appeal in terms of s 17(2)(f) of the Superior Courts Act 10 of 2013 could be appealed to the Constitutional Court. Section 17(2)(f) confers a discretion on the president to refer, of her own accord or on application and in exceptional circumstances, a refusal by the Supreme Court of Appeal of an application for leave to appeal on petition back to that court for reconsideration to then either grant leave or to again refuse leave to appeal. As illustrated in this judgment the remedy to approach the president against refusal by the Supreme Court of Appeal to grant leave to appeal is available in respect of both criminal and civil cases (the Cloete application related to accused who were convicted of inter alia murder, kidnapping and attempted murder in the high court whilst the Sekgala application related to an unsuccessful application for rescission of a default judgment obtained by a bank in the high court) (at paras [2]–[10]).

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