Nkute v S (A224/2020)
Nkute v S (A224/2020) [2021] ZAGPPHC 574; 2022 (1) SACR 436 (GP) (18 August 2021)
The appeal was not properly before the court due to the appellant's failure to file heads of argument timeously and to apply for condonation for both the late filing and delayed prosecution of the appeal. The court held that condonation is not a mere formality and requires a full and reasonable explanation, which was not provided. The appellant's argument that the State bears exclusive responsibility for reconstructing the record was rejected; both parties share this duty, and the appellant failed to participate in the reconstruction process. The authorities cited confirm that a reconstructed…
Source excerpt
- Condonation
- Reconstruction Of Trial Record
- Right To Fair Trial
- Appeal Procedure
- Criminal Conviction
- Late Prosecution