Conradie v S (CCT224/17) [2018] ZACC 12; 2018 (7) BCLR 757 (CC) (25 April 2018)

Conradie v S (CCT224/17) [2018] ZACC 12; 2018 (7) BCLR 757 (CC) (25 April 2018)

The Constitutional Court held that the absence of the trial record in applications for leave to appeal from the High Court does not necessarily infringe the right to a fair trial under section 35(3)(o) of the Constitution. The procedures in place allow for adequate reassessment, and judges may call for the record if required. In this case, the findings of fact and credibility were fully addressed in the judgments of the Regional Court and High Court, and these were available to the Supreme Court of Appeal. The applicant's challenge was essentially a factual one, already considered and rejected by the lower courts. No fair trial rights were infringed, and it was not in the interests of...

Citation
[2018] ZACC 12
Parties
Applicant: Dane Conradie; Respondent: The State
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
25 April 2018
Case Number
CCT 224/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Constitutional Court
Outcome
Application for leave to appeal dismissed.
Judges
Mogoeng, Zondo, Cameron, Froneman, Jafta, Kollapen, Kathree Setiloane, Madlanga, Mhlantla, Theron, Zondi
Legal Topics
Right to Fair Trial, Leave to Appeal Procedure, Section 35 3 O, Trial Record Requirement
Criminal Law Constitutional Law Right to Fair Trial Leave to Appeal Procedure Section 35 3 O Trial Record Requirement

Case Brief

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Parties

Dane Conradie

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Constitutional Court

Legal Issues

  1. 1 Is the trial record required for an application for leave to appeal to the Supreme Court of Appeal in criminal matters?
  2. 2 Does the absence of the trial record infringe the applicant's right to a fair trial under section 35(3)(o) of the Constitution?
  3. 3 Is it in the interests of justice to grant leave to appeal in this case?

Ratio Decidendi

The Constitutional Court held that the absence of the trial record in applications for leave to appeal from the High Court does not necessarily infringe the right to a fair trial under section 35(3)(o) of the Constitution. The procedures in place allow for adequate reassessment, and judges may call for the record if required. In this case, the findings of fact and credibility were fully addressed in the judgments of the Regional Court and High Court, and these were available to the Supreme Court of Appeal. The applicant's challenge was essentially a factual one, already considered and rejected by the lower courts. No fair trial rights were infringed, and it was not in the interests of...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • Condonation for the late filing of the application is granted.