S v Makola (43/2020; RCN 32/19)
S v Makola (43/2020; RCN 32/19) [2020] ZALMPPHC 79 (9 September 2020)
The court found that the accused's convictions for intimidation under section 1(1)(b) of the Intimidation Act 72 of 1982 must be set aside because the Constitutional Court declared that provision unconstitutional and invalid in the Moyo case. The order of invalidity operates retrospectively to pending trials and appeals where the right of appeal has not yet been exhausted. Since the accused had been convicted but not yet sentenced, his trial was not finalized and he had not exercised his right of appeal. Therefore, it would not be in accordance with the administration of justice to proceed wi…
Source excerpt
- Intimidation Act Unconstitutionality
- Retrospective Application Of Invalidity
- Sentencing Procedure
- Crimen Injuria