Mboneni Zulu v The State

The appellant was convicted of attempted murder by a regional magistrate on 7 November 1999 and sentenced to seven years’ imprisonment. He sought to appeal against both conviction and sentence. In terms of sections 309B and 309C of the Criminal Procedure Act 51 of 1977, applicable at the time, he was required to obtain leave to appeal from the magistrate and, if refused, petition the Judge President. The magistrate granted leave to appeal against sentence only, and no petition was lodged regarding the conviction. Despite this, the Witwatersrand Local Division entertained an appeal on both conviction and sentence and dismissed it, while granting leave to appeal to the Supreme Court of Appeal. The appellant then appealed to the SCA.

The appeal against the conviction was struck off the roll for lack of jurisdiction. The appeal against sentence was dismissed.

The case confirms that compliance with statutory leave-to-appeal procedures in criminal matters is jurisdictional and mandatory. It reinforces that appellate courts, including provincial and local divisions, have no inherent jurisdiction to hear appeals not authorised by statute, and that consent or waiver by the parties cannot cure a lack of jurisdiction.