IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CASE NO: 27/99 In the matter between
J M TWALA Applicant
and
THE STATE Respondent
DIRECTIONS
The following directions have been given by the President of the Constitutional Court concerning an application made by the above named applicant to appeal against his
conviction and sentence in case no. CC 300/95, decided in the Witwatersrand Local Division of the High Court on 25 February 1998.
1. The application by the applicant will be treated as an application for leave to appeal to the Constitutional Court in terms of rule 18 for the purposes of determining the
following question:
“Whether the procedure for appeals to the Supreme Court of Appeal
prescribed by section 316 of the Criminal Procedure Act 51 of 1997, read with section 315(4) of that Act complies with the requirements of section 35(3)(o) of the Constitution.
2. The question will be dealt with as an abstract question of law, and no record need be prepared for such purpose.
3. The application is set down for hearing before the Constitutional Court at 10 a.m. on 16 November 1999.
4. Written argument on behalf of the applicant shall be lodged with the Registrar of the Constitutional Court by not later than 8 October 1999.
5. Written argument on behalf of the State shall be lodged with the Registrar of the Constitutional Court by not later than 22 October 1999.
6. In their written argument counsel are required to consider whether the decision of the Constitutional Court in S v Rens remains applicable to this question, bearing in mind the difference between the wording of section 35(3)(o) of the Constitution, and the wording of section 25(3)(h) of the interim Constitution, and the fact that there is no provision in the Constitution comparable with the provisions of section 102(11) of the interim Constitution.
7. Notice of these directions is to be given to the Minister of Justice, the National Director of Public Prosecutions, and the Human Rights Commission, who are entitled to make submissions to this Court in respect of the question referred to in paragraph 1 above. If any of them elects to make such representations, notice of an intention to do so should be given to the Registrar of the Constitutional Court by not later than 22 September 1999, indicating whether or not the party concerned wishes also to be represented at the hearing of the matter. Any representations made pursuant to such notice, shall be lodged with the Registrar by not later than 15 October 1999.
M S STANDER REGISTRAR
To: J M Twala (Prison Number: 98264761) Johannesburg Medium B Prison
and to The Attorney General
Witwatersrand Local Division Johannesburg
(Ref: CC 300/95)
