Theme 4: Appeals and Review

Question 1

What is the difference between an appeal and a review?

Answer 1

Appeal: Challenges the correctness of a judgment, conviction, or sentence based only on the record of trial proceedings.
Review: Examines procedural irregularities or unfairness and is not limited to the trial record​

Question 2

Which constitutional section guarantees the right to appeal and review?

Answer 2

Section 35(3)(o) of the Constitution guarantees the right to appeal or review any decision made during a trial​

Question 3

What are the main categories of appeals?

Answer 3

Appeals from Magistrates’ Courts (CPA Sections 309–310, Rule 67). Appeals from High Courts (CPA Sections 315–322)​

Question 4

What are the time limits for filing an appeal?

Answer 4

An appeal must be lodged within 14 days of sentencing. Late appeals require an extension application​

Question 5

What is the role of a notice of appeal?

Answer 5

A notice of appeal formally notifies the court and prosecution of the appellant’s intention to appeal. It must: Be served on the Clerk of the Court, the DPP, and the magistrate.
Clearly state the grounds of appeal.
Not be vague (e.g., simply stating “the conviction is against the evidence” is insufficient)​

Question 6

What case established that new facts cannot be included in an appeal unless first presented to the magistrate?

Answer 6

S v De Villiers 1996 (2) SACR 122 (T)

Question 7

When can a review take place?

Answer 7

A review can occur before or after a trial if there is:

Jurisdictional errors.
Bias, corruption, or malice by the presiding officer.
Gross procedural irregularities.
Admission of inadmissible evidence (Harksen v Minister of Justice 2003 (1) SACR 489 (C))​

Question 8

What are the three types of reviews?

Answer 8

Automatic Review – Cases that must be reviewed by a High Court (e.g., children sentenced under Section 84 of the Child Justice Act).
Normal Review – When a party applies for review due to irregularities.
Argued Review – A formal process where both parties argue before a judge​

Question 9

Can an appeal court increase a sentence?

Answer 9

Yes, an appellate court can increase a sentence (S v Van Aswegen 2001 (2) SACR 97 (SCA))​

Question 10

Can a reviewing court increase a sentence?

Answer 10

No. Section 304(2)(c)(iv) of the CPA does not empower a court on automatic review to increase a sentence (S v Nkosi 2008 (1) SACR 87 (N))​

Question 11

True or False – An appeal may include new facts that were not presented during trial.

Answer 11

False. New facts must be first presented to the magistrate before being included in an appeal (S v De Villiers 1996 (2) SACR 122 (T))​

Question 12

True or False – A review focuses only on the correctness of the conviction and sentence.

Answer 12

False. A review examines procedural fairness, not just the correctness of a conviction​

Question 13

True or False – A High Court can increase a sentence on review.

Answer 13

False. A reviewing court cannot increase a sentence (S v Nkosi 2008 (1) SACR 87 (N))​

Question 14

Section ____ of the Constitution guarantees the right to appeal and review.

Answer 14

35(3)(o)​

Question 15

An appeal must be lodged within ____ days of sentencing.

Answer 15

14​

Question 16

Reviews can be based on ____, ____, or ____ irregularities in trial proceedings.

Answer 16

Bias, jurisdictional errors, corruption​

Question 17

Which of the following is NOT a valid ground for review?
A) The presiding officer was biased.
B) The magistrate incorrectly interpreted the law.
C) The accused was denied legal representation unfairly.
D) The accused disagrees with the sentence.

Answer 17

✅ Correct Answer: D – Disagreement with the sentence is an appeal ground, not a review ground

Question 18

Which section of the CPA governs appeals from magistrates’ courts?
A) Section 322
B) Section 309
C) Section 84
D) Section 217

Answer 18

✅ Correct Answer: B – Section 309 governs appeals from magistrates’ courts​

Question 19

What is the primary purpose of a review?
A) To assess whether the judge applied the law correctly.
B) To determine if there were procedural irregularities.
C) To reconsider the sentence.
D) To introduce new evidence.

Answer 19

✅ Correct Answer: B – Reviews focus on procedural fairness​
.

Question 20

Which case established that an appellate court assumes a trial court’s decision is correct unless clearly misjudged?
A) S v Bogaards
B) R v Dhlumayo
C) S v Van Aswegen
D) Harksen v Minister of Justice

Answer 20

✅ Correct Answer: B – R v Dhlumayo 1948 (2) SA 677 (A) established this principle​