Shangase v S (AR400/2019)
Shangase v S (AR400/2019) [2023] ZAKZPHC 8 (27 January 2023)
The court found that the absence of a complete and reconstructable trial record made it impossible to properly exercise its appellate function and to ensure the appellant's right to a fair appeal. The available record consisted only of the judgment, sentence, indictment, summary of substantial facts, certain exhibits, and the application for leave to appeal, but lacked the evidence of witnesses and proceedings. Attempts to reconstruct the record failed, and the presiding judge and counsel could not assist due to missing notes. The court held that, in line with Constitutional Court and Supreme…
Source excerpt
- Fair Trial Rights
- Appeal Record Sufficiency
- Confession Admissibility
- Record Reconstruction