Chidi v Minister of Justice (402/91) [1992] ZASCA 77; 1992 (4) SA 110 (AD); (22 May 1992)

Chidi v Minister of Justice (402/91) [1992] ZASCA 77; 1992 (4) SA 110 (AD); (22 May 1992)

The amended section 323 of Act 51 of 1977 does not apply to cases that were finally disposed of before the amending Act came into effect. The section is intended only for persons under sentence of death at the time of its operation and in respect of appeal or review proceedings contemplated in section 316A, which applies prospectively. The appellant's death sentence had been commuted prior to the commencement of the amending Act, and all legal remedies had been exhausted. There is no statutory basis for the Minister to refer the correctness of the conviction in such circumstances. The appellant therefore does not qualify for relief under the amended section 323, and there are no...

Citation
[1992] ZASCA 77
Parties
Appellant: Joseph Chidi; Respondent: Minister of Justice
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 May 1992
Case Number
402/91
Procedural Posture
Review Application / Appeal From Dismissal of Review Application; Application for Condonation
Outcome
Appeal dismissed; application for condonation refused with costs.
Judges
Corbett, Smalberger, Kumleben, Van den Heever, Van Coller
Legal Topics
Interpretation of Statutes, Death Sentence Review, Ministerial Discretion, Condonation, Finality of Appeals
Criminal Law Civil Procedure Interpretation of Statutes Death Sentence Review Ministerial Discretion Condonation Finality of Appeals

Case Brief

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Parties

Joseph Chidi

Appellant

Minister of Justice

Respondent

Procedural Posture

Review Application / Appeal From Dismissal of Review Application; Application for Condonation

Legal Issues

  1. 1 Whether the amended section 323 of Act 51 of 1977 applies to cases concluded before the amending Act came into effect.
  2. 2 Whether the Minister of Justice may refer the correctness of a conviction to the Appellate Division for a person whose death sentence has been commuted.
  3. 3 Whether the appellant qualifies for relief under the amended section 323.

Ratio Decidendi

The amended section 323 of Act 51 of 1977 does not apply to cases that were finally disposed of before the amending Act came into effect. The section is intended only for persons under sentence of death at the time of its operation and in respect of appeal or review proceedings contemplated in section 316A, which applies prospectively. The appellant's death sentence had been commuted prior to the commencement of the amending Act, and all legal remedies had been exhausted. There is no statutory basis for the Minister to refer the correctness of the conviction in such circumstances. The appellant therefore does not qualify for relief under the amended section 323, and there are no...

Court Disposition

Appeal dismissed; application for condonation refused with costs.

Orders

  • The application for condonation is dismissed with costs, including the respondent's costs of appeal.