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dc.date.accessioned 2017-04-08T17:03:58Z
dc.date.available 2017-04-08T17:03:58Z
dc.date.created 2005-05-30 en
dc.identifier.citation 2007 (3) SA 210 (CC)
dc.identifier.citation 2006 (2) SACR 319 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2264
dc.title Veldman v Director of Public Prosecutions (Witwatersrand Local Division) en
dc.title.alternative CCT19/05 en
dc.identifier.casenumber CCT19/05 en
dc.contributor.judge Mokgoro J Majority judgment
dc.contributor.judge O'Regan J separate judgment
dc.contributor.judge Ngcobo J separate judgment
dc.date.judgment 5 December 2005
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2264/Full%20judgment%20%28317Kb%29-5296.pdf?sequence=7&isAllowed=y
dc.concourt.synopsis 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.
dc.concourt.casehistory 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.


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