n South African Journal of Criminal Justice - Constitutional application : case review

Volume 21, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The procedure governing criminal appeals from the magistrates' courts is set out in sections 309, 309A, 309B, 309C and 309D of the Criminal Procedure Act 1977 (the 'CPA'). Over the past ten years, this procedure has been considered by the Constitutional Court on three separate occasions: first in 1996 (1) SACR 94 (CC); second in 2001 (1) SACR 25 (CC); and most recently in 2007 (2) SACR 28 (CC)

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