S v Hayes (242/92) [1994] ZASCA 87 (30 May 1994)

S v Hayes (242/92) [1994] ZASCA 87 (30 May 1994)

The Supreme Court of Appeal held that it does not have jurisdiction to determine the constitutionality of the statutory provisions authorising the death penalty under the new Constitution. The interpretation of section 241(8) of the Constitution, which deals with transitional provisions, is itself a constitutional question that falls within the exclusive jurisdiction of the Constitutional Court. Accordingly, the appeal cannot be finalised until the Constitutional Court has ruled on the constitutionality of the death penalty provisions. The hearing of the merits of the appeal is postponed to a date to be determined by the Registrar in consultation with the Chief Justice.

Citation
[1994] ZASCA 87
Parties
Appellant: Robert Hayes; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 1994
Case Number
242/92
Procedural Posture
Criminal Appeal / Interlocutory Constitutional Challenge
Outcome
The hearing of the appeal is postponed pending determination of the constitutional question by the Constitutional Court.
Judges
Corbett HR, Nestadt, Howie AR
Legal Topics
Death Penalty, Constitutional Jurisdiction, Transitional Provisions, Interpretation of Statutes
Criminal Law Constitutional Law Death Penalty Constitutional Jurisdiction Transitional Provisions Interpretation of Statutes

Case Brief

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Parties

Robert Hayes

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Constitutional Challenge

Legal Issues

  1. 1 Does the Supreme Court of Appeal have jurisdiction to determine the constitutionality of the statutory provisions authorising the death penalty under the new Constitution.
  2. 2 Are the provisions of the Criminal Procedure Act authorising the death penalty inconsistent with sections 9 and 11(2) of the Constitution.
  3. 3 Should the appeal be postponed pending a decision by the Constitutional Court on the constitutionality of the death penalty.

Ratio Decidendi

The Supreme Court of Appeal held that it does not have jurisdiction to determine the constitutionality of the statutory provisions authorising the death penalty under the new Constitution. The interpretation of section 241(8) of the Constitution, which deals with transitional provisions, is itself a constitutional question that falls within the exclusive jurisdiction of the Constitutional Court. Accordingly, the appeal cannot be finalised until the Constitutional Court has ruled on the constitutionality of the death penalty provisions. The hearing of the merits of the appeal is postponed to a date to be determined by the Registrar in consultation with the Chief Justice.

Court Disposition

The hearing of the appeal is postponed pending determination of the constitutional question by the Constitutional Court.

Orders

  • The finalisation of the appeal is postponed to a date to be determined by the Registrar in consultation with the Chief Justice.