Synopsis:
Validity of s 72 (4) of the Criminal Procedure Act which allows for summary proceedings when accused fails to appear in court at fixed date, unless the accused can satify to the court that the failure to appear was not his/her fault. The Court examined whether s 72(4) unjustifiably limited the right to a fair trial, right to be presumed innocent and right to remain silent and what relief was appropriate. In unanimous decision by Ncgobo J found that s 72(4) did limit those rights. The Court found the limitation on the right to remain silent was justifiable, but the limitation on the right to be presumed innocent was not justifiable. As per remedy, the Court ordered s 72(4) to be read as requiring the accused to raise a reasonable possibility that the failure to comply was not due to his/her fault.
