Potgieter v The State

The appellant was convicted in the regional court, Bloemfontein, of rape as defined in section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, based on non-consensual digital penetration. He was sentenced to eight years’ imprisonment. His appeal to a full court of the Free State Division of the High Court was dismissed on the merits, with the full court confirming the trial court’s credibility findings. Despite this, the full court granted the appellant leave to appeal to the Supreme Court of Appeal. The appellant proceeded to the SCA without applying for special leave as required by statute.

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

The case affirms the strict jurisdictional requirements governing appeals to the Supreme Court of Appeal under the Superior Courts Act 10 of 2013. It underscores that High Courts cannot grant leave to appeal to the SCA when sitting as courts of appeal and clarifies the procedural and substantive requirements for obtaining special leave to appeal.