South Africa Case Law

S v Bequinot (CCT24/95)

S v Bequinot (CCT24/95) [1996] ZACC 21; 1996 (12) BCLR 1588; 1997 (2) SA 887 (18 November 1996)

Court

Constitutional Court

Case number

CCT24/95

Judges

Kriegler, Chaskalson, Mahomed, Ackermann, Didcott, Langa, Madala, Mokgoro, O'Regan, Sachs

The Constitutional Court held that the referral of the constitutional validity of section 37 of the General Law Amendment Act 62 of 1955 was procedurally and substantively defective. The lower court failed to provide adequate reasons for the referral, did not establish that the constitutional issue was decisive for the outcome, and did not consider whether the interests of justice warranted interruption of the criminal appeal. The parties had not raised the constitutional issue themselves, and the factual and legal matters underpinning the conviction had not been properly canvassed or resolve…

Source excerpt

• Reverse Onus
• Fair Trial Rights
• Presumption Of Innocence
• Section 37 General Law Amendment Act
• Section 25 3 C Constitution
• Referral Procedure