Gaone Jack Siamisang Montshiwa (Ex Parte Application)

Mr Gaone Jack Siamisang Montshiwa applied to the North West Division of the High Court, Mahikeng, for admission as a legal practitioner under s 24 of the Legal Practice Act 28 of 2014. He relied on two contracts of articles with different principals and sought joinder of the periods of service and condonation for alleged irregularities in registration. The High Court, constituted by two judges specially appointed due to Mr Montshiwa’s prior allegations against judges in the division, found discrepancies in the contracts, non-compliance with structured practical training requirements, and held that he was not a fit and proper person. The admission application was dismissed. An application for leave to appeal was later refused by a single judge of the High Court, despite the matter having been decided by two judges at first instance. Mr Montshiwa petitioned the Supreme Court of Appeal (SCA) under s 17(2)(d) of the Superior Courts Act 10 of 2013.

The application was dismissed with costs.

The case reaffirms that leave to appeal is a strict jurisdictional prerequisite for the Supreme Court of Appeal and that a refusal of leave by an improperly constituted High Court is a nullity. It underscores the limits of the SCA’s inherent powers under s 173 of the Constitution and confirms that such powers cannot be used to bypass statutory requirements in the Superior Courts Act. The judgment provides important guidance on court constitution and appellate procedure.