The Supreme Court is the court of final appeal in civil and criminal matters. Appeals may only be filed where the Court grants permission under the provisions of Articles 34.5.3 and 34.5.4 of the Constitution. The Court therefore concentrates on cases raising important Constitutional and legal questions that have far reaching consequences for individuals and have systemic implications for the administration of justice as a whole.
You can make an application for leave to appeal from a decision of the Court of Appeal or the High Court. Your application must set out precisely and concisely where you contend that an appeal should be permitted on the basis of matter(s) of general public importance and/or where you contend that an appeal should be permitted on the basis of the interests of justice. If you are seeking to appeal from a decision of the High Court you must also set out the exceptional circumstances that warrant what has become known as a ‘leapfrog’ appeal.
Many of the determinations issued by the Supreme Court set out the change in function brought about by the 33rd Amendment to the Constitution, namely that: “..the constitutional function [of the Supreme Court] is no longer that of an appeal court designed to correct alleged errors by the trial court. Where it is said that the High Court has simply been in error in some material respect the constitutional regime now in place confers jurisdiction to correct any such error as may be established by the Court of Appeal”.