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High Court of South Africa Western Cape, Cape Town

Currently serving on the bench:

Judge President N P Mabindla-Boqwana	Deputy Judge President P L Goliath	Judge N C Erasmus	Judge R Allie	Judge T C Ndita
Judge A Le Grange	Judge V C Saldanha	Judge C M J Fortuin	Judge M I Samela	Judge R C A Henney
Judge M J Dolamo	Judge J I Cloete	Judge B P Mantame	Judge K M Savage	Judge G Salie Da Silva
Judge L Nuku	Judge E D Wille	Judge T Papier	Judge M K Parker	Judge M Sher
Judge S Kusevitsky	Judge H M Slingers	Judge M Francis	Judge N Mangcu-Lockwood	Judge J D Lekhuleni
Judge D M Thulare	Judge C N Nziweni	Judge M Holderness	Judge M Pangarker	Judge N E Ralarala

Physical address

Physical: 35 Keerom Street, Cape Town, 8000 Post: Private Bag X 9020, Cape Town, 8001

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https://www.judiciary.org.za/index.php/courts/high-courts/western-cape-division-of-the-high-court/contact-details

1 judgment

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1 judgment

Citation	Judgment date
April 2014
Imador v S (A167/2013) [2014] ZAWCHC 1 (3 April 2014) (Leave to Appeal) Reported Applicant’s pre-existing right to seek a second appeal to the SCA was preserved, but leave to appeal was refused for lack of prospects. * Criminal appeals – second appeals to the Supreme Court of Appeal – effect of repeal of Supreme Court Act by Superior Courts Act – definition of 'appeal' excludes matters under Criminal Procedure Act. Transitional provisions and Interpretation Act – protection of rights in pending proceedings preserves pre-existing appeal rights. Jurisdiction – SCA has no inherent jurisdiction; leave required and may be refused for lack of prospects of success.	3 April 2014

Citation

Judgment date

April 2014

Imador v S (A167/2013) [2014] ZAWCHC 1 (3 April 2014) (Leave to Appeal)

Reported

Applicant’s pre-existing right to seek a second appeal to the SCA was preserved, but leave to appeal was refused for lack of prospects.

* Criminal appeals – second appeals to the Supreme Court of Appeal – effect of repeal of Supreme Court Act by Superior Courts Act – definition of 'appeal' excludes matters under Criminal Procedure Act. Transitional provisions and Interpretation Act – protection of rights in pending proceedings preserves pre-existing appeal rights. Jurisdiction – SCA has no inherent jurisdiction; leave required and may be refused for lack of prospects of success.

3 April 2014