S v Mngonyama

• Jurisdiction: South Africa
• Citation: 1995 (3) SA 246 (TK)

S v Mngonyama
1995 (3) SA 246 (TK) [*]

1995 (3) SA p246

Citation	1995 (3) SA 246 (TK)
Case No	118/94
Court	Transkei General Division
Judge	Beck JP
Heard	March 16, 1995
Judgment	March 16, 1995

Flynote : Sleutelwoorde F

Appeal — To which Court — Civil or criminal appeals from judgments and orders of Transkei Supreme Court — Effect of s 241(1A)(b) of Constitution G of the Republic of South Africa Act 200 of 1993 — Jurisdiction of Transkei Supreme Court similar to that of a Provincial or Local Division of the Supreme Court of South Africa — Full Bench of Transkei Supreme Court having jurisdiction to hear appeals from decisions of single Judges.

Constitutional practice — Courts — Jurisdiction — Supreme Court of H Transkei — Full Court appellate jurisdiction — Provisions of s 241(1A)(b) of Constitution of the Republic of South Africa Act 200 of 1993 vesting Transkei Supreme Court with jurisdiction similar to that of Provincial and Local Divisions of Supreme Court of South Africa — Full Court of Transkei Supreme Court now having appellate jurisdiction in civil and criminal I appeals from decisions of single Judges.

Headnote : Kopnota

Since the coming into effect of s 241(1A)(b) of the Constitution of the Republic of South Africa Act 200 of 1993, the Full Bench of the Transkei

Supreme Court has

1995 (3) SA p247

A jurisdiction to hear appeals in both civil and criminal cases from decisions of single Judges. (At 248A-C, paraphrased.) It is clearly desirable that the Transkei Supreme Court should be entitled to hear such appeals. There is a sufficient complement of Judges for such appeals to be heard by a Full Court and it would be both costly for the parties to have to take their cases to the Appellate Division in Bloemfontein and cumbersome for the Appellate Division to have to deal with all such appeals without the prior filtering mechanism of appeals to a Full Court B of the Provincial Division in appropriate cases. (At 248C-D/E.)

S v Nocuse and Others 1995 (3) SA 240 (Tk) approved and applied.

Case Information

Application for leave to appeal from convictions in the Transkei Supreme Court. The facts appear from the reasons for judgment.

M Nonkonyana for the applicants at the request of the Court.

N J du Plessis for the State. C

Judgment

Beck JP:

This is an application for leave to appeal against both conviction and sentence. Counsel for the applicants was initially unable to indicate to which Court an appeal from a judgment in a criminal trial D before the General Division of the Transkei Supreme Court now falls to be directed. He has, however, subsequently submitted that s 3(1)(a) of the Transkeian Supreme Court Act 35 of 1983 (Tk) confers upon the Transkei Supreme Court the jurisdiction to hear appeals by a Full Bench of three Judges, by reason of the following proviso in that section:

'Provided that the Chief...