Case No.: Sa 6/94
Case No.: Sa 6/94
Case No.: Sa 6/94
: SA 6/94
and
APPEAL JUDGMENT
- 2 -
this reason that after hearing argument this Court made and
"ORDER:
ground than the instant case and Hannah, J, was part of the
SOUTH AFRICA
In ray view the old rule cannot still survive in the face of
against the purpose for which the Article was enacted, that
"Every accused person shall have the right to a fair trial which
shall include..."
plead.
"206. The law in rases not provided for. The law as to the
competency, compellability or privilege of witnesses which was in
force in respect of criminal proceedings on the thirteenth day of
May, 1961, shall apply in any case not expressly provided for by
this Act or any other law."
i n the sense that he would probably not have been convicted but for
the i r r e g u l a r i t y . " (See the English case c i t e d above.)
"This i s e s p e c i a l l y so i n the l i g h t of t h e f a c t t h a t t h e B i l l of
R i g h t s e x p r e s s l y e n a b l e s i n d i v i d u a l s to apply to the courts for
a p p r o p r i a t e r e l i e f i n t h e case of any infringement of any of the
entrenched r i g h t s contained in the b i l l . " See R i g h t s and
C o n s t i t u t i o n a l i s m : The New South African Leoal Order, s u o r a . at
4 1 3 , s e e a l s o A r t . 25(2) of Namibian C o n s t i t u t i o n .
enforce them.
"Fair Trial
p r a c t i t i o n e r or t h e i r c h o i c e .
ENGLAND
To cut a long story short it was found that the police and
the DPP had failed to disclose to the defence information
- 25 -
away from the law in force on 31st May 1961 which in terms
CANADA
reads:
(a)
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings
against that person in respect of the offence;
(d) to be presumed innocent until proven guilty
according to law in a fair and public hearing by an
independent and impartial tribunal."
Before the proper interpretation of sections 7 and 11 of the
Canadian Charter of Riahts and Freedoms by the Supreme Court
there were conflicting signals from the provincial courts
and the Court of Appeal. The law on fair trial was not
settled.
However, section 603 of the Criminal Code (Canada) provided:
"603 An accused is entitled, after he has been ordered
to stand trial or at his trial,
(a) to inspect without charge the indictment, his own
statement, the evidence and the exhibits, if any;
and
(b) to receive, on payment of a reasonable fee
determined in accordance with a tariff of fees
fixed or approved by the Attorney-General of the
province, a copy
The Supreme Court sent back the case for retrial holding,
among many other reasons, that in indictable offences the
Crown had a legal duty to disclose all relevant information
to the defence.
The Supreme Court sent back the case for retrial holding,
among many other reasons, that in indictable offences the
Crown had a legal duty to disclose all relevant information
to the defence.
the judge in > his own cause. All relevant concerns and
suora.
DUMBUTSHENA, A. J. A.
I agree:
MAHOMED, CJ
- 39
I agree.
LEON,A.J.A.
- 40 -
Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.
Alternative Proxies: