Mfundo Nontshinga and Others v The State

The appellants were jointly charged with nine serious offences, including housebreaking with intent to rob and robbery, six counts of kidnapping, and unlawful possession of a firearm and ammunition. They were convicted on all counts by the Regional Court in Port Elizabeth in August 2010 and sentenced to an effective 17 years’ imprisonment. Their applications for leave to appeal were refused by the regional magistrate, and subsequent petitions to the Eastern Cape Division of the High Court were also refused. A co-accused later succeeded in an appeal concerning the firearm and ammunition convictions. Relying on that outcome, the appellants applied directly to the Supreme Court of Appeal (SCA) for special leave to appeal against their convictions on those counts, which was granted. However, no leave to appeal had been sought from the High Court against its refusal of their petitions.

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

The case reaffirms strict compliance with appellate jurisdictional requirements in criminal matters and clarifies that failure to follow the prescribed leave-to-appeal process deprives the Supreme Court of Appeal of jurisdiction. It underscores the continued relevance of the Supreme Court Act 59 of 1959 to matters predating the Superior Courts Act.