Western Areas Limited and Others v The State

The four appellants (a company and three individuals) were charged in the High Court, Johannesburg, on an indictment containing twelve counts, including fraud, conspiracy and incitement to commit fraud, and insider trading. Before pleading, they objected to seven counts on the basis that the indictment disclosed no offence. The High Court dismissed the objection and granted leave to appeal to the Supreme Court of Appeal. The appellants sought to appeal immediately, before the commencement and completion of the trial, raising the question whether such a ruling was appealable at that stage.

The appeal was held to be not appealable at this stage and was struck from the roll.

The case is significant for clarifying South African law on appealability in criminal proceedings. It confirms that the Constitution did not abolish the general rule against piecemeal appeals and that interlocutory rulings are ordinarily not appealable. Importantly, it recognises that section 21(1) of the Supreme Court Act may, in light of section 39(2) of the Constitution, allow an early appeal where the interests of justice demand it, but emphasises that such cases will be exceptional.