South Africa Case Law

Liebenberg v S (CCT 145/22)

Liebenberg v S (CCT 145/22) [2023] ZACC 33; [2024] 1 BLLR 1 (CC); 2024 (1) BCLR 132 (CC); 2024 (2) SACR 269 (CC) (10 October 2023)

Court

Constitutional Court

Case number

CCT 145/22

Judges

Zondo CJ, Kollapen J, Madlanga J, Majiedt J, Makgoka AJ, Potterill AJ, Rogers J, Theron J, Van Zyl AJ

The Constitutional Court held that its jurisdiction was not engaged because the alleged constitutional violations were not substantiated by the record. The evidence from disciplinary hearings did not play any role in the conviction, which was based on the applicant's formal section 220 admissions. There was no indication of bias or unfairness in the trial or sentencing process. The applicant's arguments regarding the inadmissibility of evidence, bias, and sentence did not raise constitutional matters or points of law of general public importance. Accordingly, leave to appeal was refused.

Source excerpt

• Admissibility Of Evidence
• Section 220 Admissions
• Fair Trial Rights
• Disciplinary Hearing Evidence
• Constitutional Jurisdiction