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South Africa decisions
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Nkabinde and Others v S (A256/14) [2015] ZAFSHC 219 (5 November 2015)
The High Court held it had no jurisdiction to hear a criminal appeal on special entries, which had to go to the Supreme Court of Appeal.
Sithole v S (A149/2010) [2012] ZAGPJHC 158 (12 September 2012)
The court held that the special entry procedure under section 317 of the Criminal Procedure Act is inappropriate where the alleged irregularity—the failure to call Vusi Xaba as a witness—is apparent from the record and the matter is already on appeal. Both the prosecution and defence had access to Xaba and his statement, and both chose not to call him, indicating that neither considered his evidence beneficial. If Xaba had been called, both parties would likely have challenged his credibility and reliability, leaving the court with no reliable evidence. The court found that granting a special…
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Sefatsa and Others v Attorney-General, Transvaal (304/88) [1988] ZASCA 143; [1989] 4 All SA 336 (AD) (23 November 1988)
The court held that neither the trial court nor the appellate court has inherent jurisdiction to reopen a criminal trial or hear further evidence after conviction and sentence have been finalized and all appeals have been dismissed. The jurisdiction of superior courts in criminal matters is strictly governed by statute, specifically the Criminal Procedure Act, which does not provide for the reopening of a trial or the making of a special entry after the appeal process has been exhausted. The remedy of restitutio in integrum is not available in criminal proceedings, even where fraud or perjury…
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