Sefatsa and Others v Attorney-General, Transvaal (304/88)
Sefatsa and Others v Attorney-General, Transvaal (304/88) [1988] ZASCA 143; [1989] 4 All SA 336 (AD) (23 November 1988)
The court held that neither the trial court nor the appellate court has inherent jurisdiction to reopen a criminal trial or hear further evidence after conviction and sentence have been finalized and all appeals have been dismissed. The jurisdiction of superior courts in criminal matters is strictly governed by statute, specifically the Criminal Procedure Act, which does not provide for the reopening of a trial or the making of a special entry after the appeal process has been exhausted. The remedy of restitutio in integrum is not available in criminal proceedings, even where fraud or perjury…
Source excerpt
- Functus Officio
- Special Entry Procedure
- Reopening Of Trial
- Restitutio In Integrum
- Jurisdiction Of Superior Courts