n South African Journal of Criminal Justice - Criminal procedure : recent cases

Volume 27, Issue 2
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



It is a trite fact that the process of appealing against the refusal by a high court of an appellant's application for leave to appeal is burdensome, time-consuming and expensive. Hence the comment of the court in [2011] ZASCA 215 at paras [3]-[6] that it was high time for consideration to be given to legislative reform so that petitions could be finalised speedily at high court level. However, such legislative reform was yet to occur when 2014 (1) SACR 583 (SCA) came to be decided. In the court considered whether it should conceivably, in the exercise of its inherent jurisdiction, circumvent the cumbersome process by considering the appeal against the conviction directly.

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