Masike v The State

An armed robbery occurred at the Blue Ribbon Bakery in Vereeniging in June 2008. During the robbers’ escape, the getaway vehicle—owned and driven by the appellant—collided with another vehicle after driving through a red traffic light, resulting in the deaths of two passengers in the getaway car. The appellant was charged in the regional court with robbery with aggravated circumstances, firearm and ammunition offences, and two counts of culpable homicide. He was convicted of robbery and culpable homicide, sentenced to 15 years’ imprisonment for robbery and five years on each culpable homicide count (running concurrently). The appellant sought leave to appeal out of time and applied for condonation, which the magistrate refused. Subsequent petitions and applications to the High Court were procedurally misconceived, ultimately resulting in leave being granted to appeal to the Supreme Court of Appeal, despite procedural irregularities.

The appeal was struck from the roll for lack of jurisdiction.

The case clarifies the strict procedural framework governing appeals from magistrates’ courts under the Criminal Procedure Act. It underscores the distinction between refusal of condonation and refusal of leave to appeal, and confirms that appellate jurisdiction depends on strict compliance with statutory procedures. Orders granted without jurisdiction are nullities and cannot confer jurisdiction on higher courts.