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dc.date.accessioned 2017-04-08T16:59:40Z
dc.date.available 2017-04-08T16:59:40Z
dc.date.created 2004-10-15 en
dc.identifier.citation [2000] ZACC 21
dc.identifier.citation 2001 (1) SA 1109 (CC)
dc.identifier.citation 2001 (1) BCLR 1 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2103
dc.title Metcash Trading Ltd v Commissioner South African Revenue Services and Another en
dc.title.alternative CCT3/00 en
dc.identifier.casenumber CCT3/00 en
dc.date.hearing 28 March 2000
dc.contributor.judge Kriegler J
dc.date.judgment 24 November 2000
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2103/Full%20judgment%20%28422%20Kb%29-1858.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis Application for leave to appeal from the judgment of the Supreme Court of Appeal (SCA) denied. Applicant alleged that the SCA decision infringed his rights under sections 35(3)(h) of the Constitution. The accused's rights to be presumed innocent, to remain silent and not to testify found not to have been infringed by the SCA when it found that the accused's failure to testify contributed to a finding of guilt beyond a reasonable doubt. Primary question: what constitutes a "constitutional matter" under section 167(3)(b) of the Constitution and Rule 20(1) of the Rules of the Constitutional Court? The applicant also alleged that his section 12(1)(a) right had been infringed. Langa DP found that the accused had been duly convicted of theft and that his imprisonment could therefore not have been "without just cause". Circumstances in which appeal from SCA in criminal matter would be appropriate outlined.
dc.concourt.casehistory Applicant was convicted in the High Court. Appeal from that decision to the Supreme Court of Appeal (SCA) was partially successful. This is an application for leave to appeal from the decision of the SCA in S v Boesak 2000 (3) SA 381 (SCA) ; 2000 (1) SACR 633 (SCA). Application refused.


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