CCT19/05

2007 (3) SA 210 (CC)

2006 (2) SACR 319 (CC)

Mokgoro J Majority judgment

O'Regan J separate judgment

Ngcobo J separate judgment

5 December 2005

http://hdl.handle.net/20.500.12144/2264

The applicant was convicted and sentenced by the Regional Magistrates' Court (Southern Transvaal District sitting in Soweto). Applicant appealed to the Johannessburg High Court against his conviction and sentence (WLD Case Number A1184/99, 11 April 2003, Unreported). Applicant then applied for leave to appeal to the Supreme Court of Appeal, which dismissed the application without providing reasons. Applicant now applies for leave to appeal to the Constitutional Court for an order setting aside the Supreme Court of Appeal's decision.

Application for leave to appeal against sentence imposed on applicant by regional magistrate's court for murder. At the time the applicant entered a plea in the regional magistrate's court the maximum sentencing jurisdiction of the court was 10 years. At the time of sentence, legislative amendments had increased that jurisdiction to fifteen years. Mokgoro J, for the majority, held that the sentence imposed by the regional court was not authorised, and that the resulting sentence violated the principles of the rule of law and breached the applicant's section 35(3) rights to a fair trial. O'Regan J and Ngcobo J, writing separately, agreed with the order made by the majority, but took the view that the fairness of unfairness to the applicant in this case was of no concern, and that he matter should be decided on the basis of the interpretation of the legislative amendment and principles of the rule of law.