Saane v Hulme NO and Another (CCT33/00) [2000] ZACC 13; 2000 (4) SA 788 (7 September 2000)
- Citation
- [2000] ZACC 13
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Constitutional Court
- Panel
- Sachs, Chaskalson, Langa, Ackermann, Kriegler, Goldstone, Mokgoro, Ngcobo, O'Regan, Yacoob, Madlanga
- Case number
- CCT33/00
More details
- Court
- Constitutional Court
- Panel
- Sachs, Chaskalson, Langa, Ackermann, Kriegler, Goldstone, Mokgoro, Ngcobo, O'Regan, Yacoob, Madlanga
- Case number
- CCT33/00
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Constitutional Court held that the applicant's appeal was already pending before the High Court, which is the appropriate forum to hear appeals involving both factual and legal issues. The delay in setting down the appeal was due to the preparation of a lengthy trial record, and the record had now been lodged with the High Court. The applicant, who was on bail, would be able to raise all issues before the High Court. There were no exceptional circumstances justifying direct access to the Constitutional Court, and the interests of justice did not require bypassing the ordinary appellate process.
Court disposition
Application for leave to appeal directly to the Constitutional Court refused.
Orders
- The application for leave to appeal directly to the Constitutional Court is refused.
02
Material facts
Parties
Sunnyboy Edward Saane
AppellantSusan R. Hulme NO
RespondentMinister of Justice
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Directly to the Constitutional Court
04
Questions and positions
Legal issues
- 01
Whether the applicant is entitled to leave to appeal directly to the Constitutional Court against his conviction and sentence.
- 02
Whether the delay in hearing the appeal in the High Court constitutes a denial of the right to a speedy trial.
- 03
Whether the High Court is the appropriate forum to hear the appeal involving factual and legal issues.
Party arguments
- Applicant
- The applicant contended that the proceedings against him were procedurally and substantively unfair, and that the delay in setting down his appeal in the High Court amounted to a denial of his right to a speedy trial. He sought leave to appeal directly to the Constitutional Court, raising both factual and legal issues regarding his conviction and sentence.
- Respondent
- The respondents did not file formal arguments, but the record indicated that the delay in setting the appeal was due to the preparation of a corrected trial record. The High Court was identified as the appropriate forum to hear the appeal, as it was pending there and involved both factual and legal matters.
05
Court’s reasoning
Legal principles
- 01
Section 167(6)(a) of the Constitution
Direct access to the Constitutional Court is only granted in exceptional circumstances where it is in the interests of justice.
- 02
Section 35(3)(d) of the Constitution
The right to a speedy trial is protected, but delays attributable to administrative processes do not automatically justify bypassing ordinary appellate procedures.
06
Ratio, limits and disposition
Ratio decidendi
The Constitutional Court held that the applicant's appeal was already pending before the High Court, which is the appropriate forum to hear appeals involving both factual and legal issues. The delay in setting down the appeal was due to the preparation of a lengthy trial record, and the record had now been lodged with the High Court. The applicant, who was on bail, would be able to raise all issues before the High Court. There were no exceptional circumstances justifying direct access to the Constitutional Court, and the interests of justice did not require bypassing the ordinary appellate process.
Obiter and limits
- The Court noted that administrative delays in the preparation of trial records should be addressed to ensure the right to a speedy trial is not undermined.
- The judgment emphasized the importance of following established appellate procedures unless compelling reasons exist to depart from them.
Court disposition
Application for leave to appeal directly to the Constitutional Court refused.
- The application for leave to appeal directly to the Constitutional Court is refused.
Source and reliance status
Constitutional Court
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Judgment reading view
Judgment text
The complete available source text.
Constitutional Court
Judgment
CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT 33/00SUNNYBOY EDWARD SAANE AppellantversusSUSAN R. HULME NO First Respondent(Acting-Magistrate)Johannesburg Magistrates CourtMINISTER OF JUSTICE Second Respondent
Decided on : 7 September 2000
JUDGMENT
SACHS J:
[1] The applicant in this matter is a law student at the University of South Africa who has applied for leave to appeal directly to this Court against his conviction and sentence in the Johannesburg Magistrates’ Court on a charge of corruption. In support of his application he makes a number of allegations, both of a procedural and substantive nature, concerning the fairness of the proceedings against him and the correctness of the decision.
[2] It appears that the trial court sentenced him to two years imprisonment on 27 September 1999, and on 30 September 1999 granted him leave to appeal to the High Court against his conviction and sentence. By 6 July 2000, when he made his application to this Court, the appeal had not as yet been set down for hearing in the High Court. One of his complaints was that he had been denied the right to a speedy trial.
[3] At the request of the President of this Court, the Director of the Constitutional Court made enquiries to the Clerk of the Magistrates Court about the lack of progress in establishing a date for the hearing of the appeal. It appears that the delay occurred in relation to the preparation of a corrected copy of the trial record, which ran to 1296 pages. We are informed that the record has now been lodged with the High Court and that a date for the appeal will be set.
[4] In the circumstances, the applicant, who is on bail, will be able to canvass at the hearing of his appeal in the High Court all the issues raised in his application to this Court. That Court, before which the appeal is pending, is the appropriate court to hear the appeal, which raises factual as well as legal issues. His application for leave to appeal directly to this Court is accordingly refused.
Chaskalson P, Langa DP, Ackermann J, Kriegler J, Goldstone J, Mokgoro J, Ngcobo J, O’Regan J, Yacoob J and Madlanga AJ concur in the judgment of Sachs J.
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