S v Twala (South African Human Rights Commission Intervening) (CCT27/99) [1999] ZACC 18; 2000 (1) SA 879; 2000 (1) BCLR 106 (2 December 1999)

S v Twala (South African Human Rights Commission Intervening) (CCT27/99) [1999] ZACC 18; 2000 (1) SA 879; 2000 (1) BCLR 106 (2 December 1999)

Section 35(3)(o) of the Constitution does not confer an unqualified right of appeal to all accused persons. Instead, it requires that provision be made for an appropriate reassessment of the issues by a higher court, provided the prescribed procedure is fair. The leave provisions in section 316 read with section 315(4) of the Criminal Procedure Act 51 of 1977 are constitutional because they provide a fair mechanism for such reassessment. The omission of the phrase 'recourse by way of' in the current Constitution does not indicate an intention to grant an absolute right of appeal. The procedure for leave to appeal, including the possibility of petitioning the Chief Justice and the...

Citation
[1999] ZACC 18
Parties
Respondent: The State; Applicant: J M Twala; Appellant: South African Human Rights Commission
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
2 December 1999
Case Number
CCT27/99
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Constitutional Court
Outcome
Application for leave to appeal dismissed.
Judges
Yacoob, Chaskalson, Langa, Ackermann, Madala, Mokgoro, Ngcobo, O'Regan, Sachs
Legal Topics
Right of Appeal, Fair Trial, Leave to Appeal, Criminal Procedure Act, Constitutional Interpretation
Constitutional Law Criminal Law Right of Appeal Fair Trial Leave to Appeal Criminal Procedure Act Constitutional Interpretation

Case Brief

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Parties

The State

Respondent

J M Twala

Applicant

South African Human Rights Commission

Appellant

Procedural Posture

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

Legal Issues

  1. 1 Does section 316 read with section 315(4) of the Criminal Procedure Act 51 of 1977 comply with section 35(3)(o) of the Constitution?
  2. 2 Does section 35(3)(o) confer an unqualified right of appeal to all accused persons?
  3. 3 Are the leave provisions for appeal fair and constitutional under the current Bill of Rights?

Ratio Decidendi

Section 35(3)(o) of the Constitution does not confer an unqualified right of appeal to all accused persons. Instead, it requires that provision be made for an appropriate reassessment of the issues by a higher court, provided the prescribed procedure is fair. The leave provisions in section 316 read with section 315(4) of the Criminal Procedure Act 51 of 1977 are constitutional because they provide a fair mechanism for such reassessment. The omission of the phrase 'recourse by way of' in the current Constitution does not indicate an intention to grant an absolute right of appeal. The procedure for leave to appeal, including the possibility of petitioning the Chief Justice and the...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.