| Case ID |
451d740d-0384-428f-9bcf-2d66d1b8f848 |
| Body |
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| Case Number |
CCT 61/16 |
| Decision Date |
Dec 05, 2017 |
| Hearing Date |
|
| Decision |
The Constitutional Court of South Africa, led by Judge Zondo, overturned the conviction of Klaas Lesetja Phakane for murder on December 5, 2017. The Court determined that the High Court had relied on an incomplete trial record during the appeal, specifically the absence of transcripts and tapes of key witness Ms. Manamela's evidence. This omission critically infringed upon Phakane's constitutional right to a fair appeal as guaranteed by Section 35(3) of the South African Constitution. The Court found that without the complete evidence, it was impossible to fairly reassess the conviction. Consequently, the Court set aside the trial proceedings entirely and ordered Phakane's immediate release from Kgosi Mampuru II Central Correctional Centre. Although there was discussion about a potential assault charge as an alternative verdict, the majority opinion emphasized that the incomplete record necessitated the annulment of the conviction to uphold judicial integrity and constitutional rights. |
| Summary |
In the significant case of CCT 61/16, adjudicated by the Constitutional Court of South Africa on December 5, 2017, petitioner Klaas Lesetja Phakane challenged his murder conviction against the State. The core issue revolved around the High Court's reliance on an incomplete trial record, notably the missing transcripts and tapes of key witness Ms. Manamela's testimony. Phakane argued that this incomplete record violated his constitutional right to a fair appeal as outlined in Section 35(3) of the South African Constitution. Despite the High Court's decision to dismiss the appeal against conviction, citing the overall adequacy of the remaining evidence, the Constitutional Court critically assessed the integrity of the appellate process. Led by Judge Zondo and comprising other esteemed judges including Cameron J and Froneman J, the Court emphasized that the absence of Ms. Manamela's full evidence obstructed a fair and comprehensive reassessment of the case. The Court highlighted that without complete records, especially of crucial witness testimonies, the appellate body could not independently verify the consistency and reliability of the evidence presented during the trial. This deficiency undermined the possibility of a just appeal, rendering Phakane's right to a fair trial nugatory. Consequently, the Court ordered the entire trial proceeding to be set aside and mandated the immediate release of Phakane from Kgosi Mampuru II Central Correctional Centre. The decision also touched upon the notion of a potential assault charge as a competent verdict but maintained that the incomplete record necessitated the annulment of the conviction to uphold judicial integrity and constitutional protections. Additionally, the case referenced pivotal precedents like S v Joubert and S v Chabedi, reinforcing the principle that any material defect in the trial record that prejudices the accused's right to appeal mandates the setting aside of the conviction. The involvement of entities such as the Pretoria Law Society of Advocates and the Office of the Director of Public Prosecutions underscored the legal representation dynamics between the petitioner and respondent. This landmark ruling underscores the paramount importance of complete and accurate trial documentation in safeguarding defendants' rights and ensuring the judiciary's integrity. It serves as a crucial precedent for future cases where incomplete trial records might impede fair appellate proceedings, emphasizing that constitutional rights must be meticulously protected to maintain public trust in the legal system. The case also highlights the critical role of appellate courts in scrutinizing trial records to prevent miscarriages of justice, thereby reinforcing the pillars of fairness and due process within South Africa's constitutional framework. |
| Court |
Constitutional Court of South Africa
|
| Entities Involved |
Pretoria Law Society of Advocates,
Office of the Director of Public Prosecutions,
Kgosi Mampuru II Central Correctional Centre
|
| Judges |
ZONDO J,
Cameron J,
Froneman J,
Mbha AJ,
Jafta J,
Khampepe J,
Mhlantla J,
Madlanga J,
Musi AJ
|
| Lawyers |
M Malowa,
C Mavundla,
AJ Rossouw,
DWM Broughton
|
| Petitioners |
Klaas Lesetja Phakane
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 311,
2018 SCMR 536
|
| Other Citations |
S v Joubert 1990 ZASCA 113,
1991 (1) SA 119 (A),
S v Chabedi 2005 ZASCA 5,
2005 (1) SACR 415 (SCA),
Schoombee
|
| Laws Involved |
South African Constitution
|
| Sections |
35(3)
|