Criminal appeal rights strengthened by ConCourt

It ruled that appeals to a higher court should be decided by at least two judges in an open court. The Criminal Procedure Act made it possible for a judge to decide an appeal in chambers. According to a Business Day report, the court also said a full trial record from Magistrates’ Courts should be furnished in the High Court in appeal petitions in order for the High Court to reappraise the matter. Judge Zac Yacoob, writing for a unanimous court, said: ‘Seeing justice done in court enhances public confidence in the criminal justice process and assists victims, the accused and the broader community to accept the legitimacy of that process. On the issue of a single judge to consider leave to appeal, Yacoob said there were ‘powerful’ reasons for requiring more than one judge to reconsider a criminal record to determine whether leave to appeal should be granted. According to a report on The Citizen site, the matter was opposed by Justice Minister Brigitte Mabandla who argued that the sections were necessary to avoid clogging up the court rolls. Full Business Day report Full report on The Citizen site Judgment