Danster v S; Nqido v S (A519/01, A646/01) [2002] ZAWCHC 13; 2002 (4) SA 749 (C); 2002 (2) SACR 178 (C) (8 March 2002)

Danster v S; Nqido v S (A519/01, A646/01) [2002] ZAWCHC 13; 2002 (4) SA 749 (C); 2002 (2) SACR 178 (C) (8 March 2002)

The court held that the suspension of invalidity ordered by the Constitutional Court in S v Steyn did not destroy the doctrine of objective constitutional invalidity. Upon expiry of the suspension period, sections 309B and 309C of the Criminal Procedure Act were rendered unconstitutional from the date they became operative. Appeals not completed by the expiry date must be governed by the original provisions of section 309(1) and (2). In Danster's case, the conviction was supported by credible evidence and the magistrate had properly considered his personal circumstances, leaving no basis to interfere with the conviction or sentence. In Nqido's case, the record was incomplete and the...

Citation
[2002] ZAWCHC 13
Parties
Appellant: Mei Danster; Appellant: Spashashe Nqido; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
8 March 2002
Case Number
A519/01, A646/01
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Danster's appeal against conviction and application for condonation regarding sentence are dismissed. Nqido's appeal against sentence succeeds; the sentence is set aside and referred back to the magistrate for fresh sentencing.
Judges
Davis, Nel, Conradie
Legal Topics
Objective Constitutional Invalidity, Leave to Appeal, Condonation, Minimum Sentencing, Application of Suspended Invalidity
Criminal Law Constitutional Law Objective Constitutional Invalidity Leave to Appeal Condonation Minimum Sentencing Application of Suspended Invalidity

Case Brief

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Parties

Mei Danster

Appellant

Spashashe Nqido

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether sections 309B and 309C of the Criminal Procedure Act remained valid after the Constitutional Court's suspension of invalidity expired.
  2. 2 Whether the appellants' appeals should be governed by the original provisions of section 309(1) and (2) of the Criminal Procedure Act.
  3. 3 Whether Danster's conviction and sentence should be interfered with on appeal.

Ratio Decidendi

The court held that the suspension of invalidity ordered by the Constitutional Court in S v Steyn did not destroy the doctrine of objective constitutional invalidity. Upon expiry of the suspension period, sections 309B and 309C of the Criminal Procedure Act were rendered unconstitutional from the date they became operative. Appeals not completed by the expiry date must be governed by the original provisions of section 309(1) and (2). In Danster's case, the conviction was supported by credible evidence and the magistrate had properly considered his personal circumstances, leaving no basis to interfere with the conviction or sentence. In Nqido's case, the record was incomplete and the...

Court Disposition

Danster's appeal against conviction and application for condonation regarding sentence are dismissed. Nqido's appeal against sentence succeeds; the sentence is set aside and referred back to the magistrate for fresh sentencing.

Orders

  • The appeal of Danster against his conviction is dismissed.
  • The application for condonation in respect of an appeal against sentence by Danster is dismissed.