Allan Wayne Banger v The State

The appellant was convicted in the regional court on 331 counts of contravening section 6 of the Prevention of Organised Crime Act 121 of 1998 and sentenced to 10 years’ imprisonment, five years suspended. Bail was granted pending his appeal to the High Court, but lapsed once that appeal was dismissed. He then applied to the High Court for bail pending an intended application for special leave to appeal to the Supreme Court of Appeal. The High Court, sitting as a court of first instance, refused bail. Without applying for leave to appeal against that refusal, the appellant noted an appeal directly to the Supreme Court of Appeal, believing he had an automatic right of appeal.

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

The case clarifies that the Superior Courts Act abolished the previously recognised automatic right of appeal against the refusal of bail by the High Court sitting as a court of first instance. It establishes the correct procedural framework for bail appeals post-2013 and resolves a long-standing legislative anomaly identified in earlier case law.