South Africa Case Law

S v Pennington and Another (CCT14/97)

S v Pennington and Another (CCT14/97) [1997] ZACC 10; 1997 (10) BCLR 1413; 1997 (4) SA 1076 (18 September 1997)

Court

Constitutional Court

Case number

CCT 14/97

Judges

Chaskalson P, Langa DP, Ackermann J, Goldstone J, Madala J, Mokgoro J, O'Regan J, Sachs J

The Constitutional Court held that, pending the enactment of enabling legislation or rules, appeals from the Supreme Court of Appeal on constitutional matters may only be brought with the leave of the Constitutional Court. The Court has the inherent power to regulate its own process in the interests of justice, and it is appropriate to require leave to appeal to prevent abuse and delay. The Bill of Rights in the 1996 Constitution does not apply retroactively to criminal trials completed before its commencement; the fairness of such trials must be judged according to the law in force at the ti…

Source excerpt

• Leave To Appeal
• Retroactivity Of Constitution
• Fair Trial Rights
• Bill Of Rights Application
• Procedural Regulation