S v Pennington and Another (CCT14/97) [1997] ZACC 10; 1997 (10) BCLR 1413; 1997 (4) SA 1076 (18 September 1997)

S v Pennington and Another (CCT14/97) [1997] ZACC 10; 1997 (10) BCLR 1413; 1997 (4) SA 1076 (18 September 1997)

The Constitutional Court held that, pending the enactment of enabling legislation or rules, appeals from the Supreme Court of Appeal on constitutional matters may only be brought with the leave of the Constitutional Court. The Court has the inherent power to regulate its own process in the interests of justice, and it is appropriate to require leave to appeal to prevent abuse and delay. The Bill of Rights in the 1996 Constitution does not apply retroactively to criminal trials completed before its commencement; the fairness of such trials must be judged according to the law in force at the time. Delays in the hearing of appeals, while regrettable, do not constitute a breach of the right...

Citation
[1997] ZACC 10
Parties
Appellant: J D Pennington; Appellant: M E Summerley; Respondent: The State
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
18 September 1997
Case Number
CCT 14/97
Procedural Posture
Leave to Appeal / Application for Leave to Appeal From Supreme Court of Appeal to Constitutional Court
Outcome
Application for leave to appeal dismissed.
Judges
Chaskalson P, Langa DP, Ackermann J, Goldstone J, Madala J, Mokgoro J, O'Regan J, Sachs J
Legal Topics
Leave to Appeal, Retroactivity of Constitution, Fair Trial Rights, Bill of Rights Application, Procedural Regulation
Constitutional Law Criminal Law Leave to Appeal Retroactivity of Constitution Fair Trial Rights Bill of Rights Application Procedural Regulation

Case Brief

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Parties

J D Pennington

Appellant

M E Summerley

Appellant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal From Supreme Court of Appeal to Constitutional Court

Legal Issues

  1. 1 Whether the Constitutional Court has jurisdiction to hear appeals from the Supreme Court of Appeal on constitutional matters prior to enabling legislation or rules.
  2. 2 Whether leave to appeal is required for appeals to the Constitutional Court from the Supreme Court of Appeal.
  3. 3 Whether the Bill of Rights in the 1996 Constitution applies retroactively to criminal trials completed before its commencement.

Ratio Decidendi

The Constitutional Court held that, pending the enactment of enabling legislation or rules, appeals from the Supreme Court of Appeal on constitutional matters may only be brought with the leave of the Constitutional Court. The Court has the inherent power to regulate its own process in the interests of justice, and it is appropriate to require leave to appeal to prevent abuse and delay. The Bill of Rights in the 1996 Constitution does not apply retroactively to criminal trials completed before its commencement; the fairness of such trials must be judged according to the law in force at the time. Delays in the hearing of appeals, while regrettable, do not constitute a breach of the right...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The Notice of Appeal is treated as an Application for Leave to Appeal.
  • The Application for Leave to Appeal is dismissed.