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dc.date.accessioned 2017-04-08T16:59:41Z
dc.date.available 2017-04-08T16:59:41Z
dc.date.created 2004-10-15 en
dc.identifier.citation [2000] ZACC 16
dc.identifier.citation 2000 (4) SA 1078 (CC)
dc.identifier.citation 2000 (11) BCLR 1252 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2105
dc.title S v Dzukuda and Others; S v Tshilo en
dc.title.alternative CCT23/00; CCT34/00 en
dc.identifier.casenumber CCT23/00 en
dc.identifier.casenumber CCT34/00
dc.date.hearing 16 August 2000
dc.contributor.judge Ackermann J
dc.date.judgment 27 September 2000
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2105/Full%20judgment%20%28395%20Kb%29-1884.pdf?sequence=1&isAllowed=y
dc.concourt.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.
dc.concourt.casehistory Application for the confirmation of the order in S v Dzukuda; S v Tilly; S v Tshilo 2000 (3) SA 229 (W) ; 2000 (2) SACR 51 (W) declaring s 52 of Act 105 of 1997 unconstitutional and an application for leave to appeal against that order. Confirmation refused, application for leave to appeal dismissed.


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