Pretorius v The State

The appellant, Andre Pretorius, was convicted in the Regional Court, Pretoria on three counts of raping his then stepdaughter and sentenced to an effective term of 18 years’ imprisonment. His application for leave to appeal against conviction to the High Court was refused by the regional magistrate. He subsequently petitioned the Gauteng Division of the High Court under s 309C of the Criminal Procedure Act 51 of 1977, but that petition was dismissed by two judges. Pretorius then sought special leave to appeal to the Supreme Court of Appeal. The appeal before the SCA concerned only whether the High Court had correctly refused leave to appeal, not the merits of the conviction itself.

The appeal succeeded. The order of the High Court refusing leave to appeal was set aside and replaced with an order granting the appellant leave to appeal to the High Court (Pretoria) against his conviction on three counts of rape.

The case reaffirms the procedural principles governing appeals in criminal matters, particularly the limited scope of the Supreme Court of Appeal’s jurisdiction when dealing with refusals of leave to appeal. It underscores the test of reasonable prospects of success and highlights the importance of proper compliance with statutory requirements when receiving evidence from child witnesses.