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Conradie v S (CCT224/17) [2018] ZACC 12; 2018 (7) BCLR 757 (CC) (25 April 2018)
The Constitutional Court dismissed Conradie’s leave-to-appeal application, holding that the absence of the trial record did not infringe section 35(3)(o) in this case.
Qhinga and Others v S (CCT 50/10) [2011] ZACC 18; 2011 (9) BCLR 980 (CC); 2011 (2) SACR 378 (CC) (25 May 2011)
The Constitutional Court held that the Supreme Court of Appeal failed to meet the constitutional standard of fairness required by section 35(3)(o) of the Constitution when it refused the applicants' petition for leave to appeal without considering the relevant portions of the record, specifically the rulings and reasons from the trials-within-the-trial. The absence of these reasons prevented an adequate reappraisal of the case and an informed decision, thereby infringing the applicants' right of appeal or review by a higher court. The Court found that the only just and equitable remedy was to…
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