Marovah v People [1966] ZMHC 5 (16 September 1966)

MAROVAH v THE PEOPLE (1966) ZR 104 (HC) HIGH COURT BLAGDEN CJ 16th SEPTEMBER 1966 Flynote and Headnote [1] Criminal procedure - Appeal - Not available on refusal of application to have driving licence restored. No appeal is available against an order by a magistrate refusing to restore a suspended driving licence on an application under s. 127 (1) of the Roads and Road Traffic Ordinance. [2] Road traffic and roads - Suspension of driving licence - No appeal against refusal of application for restoration. See [1] above. Statute construed: Roads and Road Traffic Ordinance (1959, Cap. 173), s. 127 (1). Shamwana, for the appellant Shoniwa, State Advocate for the respondent Judgment Blagden CJ: This is an appeal by Gordon Morovah who applied for the restoration of his driving licence which had been suspended by a magistrate's court for a period of three years on 16th January, 1965, when he was convicted of causing death by dangerous driving, and sentenced to four months' imprisonment with hard labour. [1] [2] The application to restore the licence was made pursuant to the provisions of the Roads and Road Traffic Ordinance, s.127 (1). The application was refused, and the appellant now seeks to appeal against the order refusing restoration. I have, at the outset, queried my jurisdiction to entertain an appeal of this nature. Mr Shamwana's submission is that although the Ordinance is silent on the subject of an appeal against a refusal to restore a licence under s.127 (1), the mere fact of this silence as opposed to the specific exclusion of any right of appeal, raises an inference that there is a right of appeal. This is quite an ingenious argument, but I am afraid I cannot go along very far with it. If there were a right of appeal, I am certain that it would be provided in the Ordinance. Reference to ss. 124 and 127 show that two remedies are available to a person whose licence is taken away from him. The first is the right of appeal, which is granted by s. 124. The second is the right to come before a magistrate's court and ask for the licence to be restored. That is conferred under s.127. There are provisions as to when and how he may pursue that second right, and, in particular, there are also provisions as to what happens if he fails in his application to get his licence restored - see the proviso to s.127 (3), which enacts that where an application is refused, further application shall not be entertained until three months from the date of refusal. He thus has the further right to try again - but not within three months of the refusal. That is the remaining right he has, and not a right of appeal. In the circumstances I rule that I have no jurisdiction to entertain this appeal, and the appeal is accordingly dismissed. Appeal dismissed