Synopsis:
Constitutionality of s 52 of the Criminal Law Amendment Act 105 of 1997. S 52 providing for a "split procedure" whereby certain accused are tried in the Magistrates' Courts and, if found guilty, are sentenced in the High Court. Held in a unanimous judgment, by Ackermann J, that the fact that the sentencing judge was not "steeped in the atmosphere of the trial" not found to vitiate the accused's right to a fair trial under section 35(3). Held that the section did not infringe the right because the process is, at all times, under the control of a judicial officer whose duty it is to ensure observance of the fair trial right. Section also held not to inevitably result in an unnecessary delay in the trial. When read in conformity with the Constitution, nothing in the section compels the High Court to use its powers in a way which would infringe constitutional rights. In the second case, the applicant was refused leave to appeal.
