n South African Journal of Criminal Justice - Constitutional application : recent cases




In 2009 (1) SACR 276 (SCA), the appellant was convicted in the Bisho High Court on 22 counts of criminal defamation and sentenced to three years' imprisonment, suspended for five years. In addition, he was also sentenced to five years' correctional supervision. Following his conviction and sentence, the appellant applied for leave to appeal to the Supreme Court of Appeal. When it granted him leave to appeal, the Court indicated that there were only two issues which needed to be determined : (1) whether the crime of defamation had been abrogated by disuse; and, if not, (2) whether the crime of defamation was consonant with the Constitution.


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