Nare v The State

The appellant was convicted in the Regional Court, Gauteng, Pretoria, of attempted robbery with aggravating circumstances, attempted murder, unlawful possession of a firearm, and unlawful possession of ammunition, arising from an incident at the complainant Rossouw’s smallholding. A group of men, including the appellant, pretended to buy sheep and then produced firearms, demanded money and valuables, and attacked the complainant and others. Rossouw was shot in the leg during the incident. The appellant denied involvement but was identified by Rossouw in court and linked to the getaway vehicle by fingerprint evidence. Applications for leave to appeal against conviction were refused by the Regional Court and the High Court. Through petitions and procedural steps, limited leave was eventually granted to appeal to the Supreme Court of Appeal against the High Court’s refusal of leave in respect of certain counts.

The appeal in respect of count 12 was dismissed. The appeal in respect of counts 2 and 13 was upheld. The High Court’s order refusing leave to appeal was set aside and replaced with an order granting the appellant leave to appeal to the full bench of the Gauteng Division of the High Court, Pretoria, against his convictions on counts 2 and 13.

The case clarifies the procedural limits of appeals to the Supreme Court of Appeal where leave to appeal from a magistrates’ court conviction has been refused by the High Court. It reinforces the principles of finality and functus officio under section 17 of the Superior Courts Act, and confirms that the SCA’s role in such matters is confined to determining whether leave to appeal should have been granted, not the merits of the underlying conviction.