Asked by JessicaB on 14-08-2016 19:45:47
Question posted in the Criminal Law category relating to KwaZulu-Natal
Question posted in the Criminal Law category relating to KwaZulu-Natal
Hi Sir/Mam
My nephew is a sentenced prisoner at Westville Med B correctional centre. He was sentenced to 14 yrs for murder on 16th october 2015. He applied for leave to appeal within the14 day period. He was called back to trial court within 2 weeks. His Leave to appeal was denied in March 2016. He then launched a petition for refusal to PMB high court.
I have heard that there's fellow inmates who are awaiting replies 3 to 4 yrs without feedback. Some even went to the extent of writing up to the public protector.
I'll really appreciate some feedback or advice as to what steps to take. How do I follow up on what's happening to his application? Secondly how long can it take for his application to be considered and put on the court roll?
My nephew is a sentenced prisoner at Westville Med B correctional centre. He was sentenced to 14 yrs for murder on 16th october 2015. He applied for leave to appeal within the14 day period. He was called back to trial court within 2 weeks. His Leave to appeal was denied in March 2016. He then launched a petition for refusal to PMB high court.
I have heard that there's fellow inmates who are awaiting replies 3 to 4 yrs without feedback. Some even went to the extent of writing up to the public protector.
I'll really appreciate some feedback or advice as to what steps to take. How do I follow up on what's happening to his application? Secondly how long can it take for his application to be considered and put on the court roll?
Message from the Lawyer
Posted by Att. Patrick on 14-08-2016 23:03:01
Hi there and thank you for your question,
I'm afraid that there are a few possible reasons for the delay. One, is that there are so many criminal trials from the Magistrates Courts which are being taken on appeal, there are just not enough High Court judges to hear them all. You need to realise that the judges have their own court work to do, on top of the criminal appeals. Second, sometimes there is a delay if the original Magistrates Court trial record goes missing. In that instance, there is a lot of work to be done by the clerk at the Magistrates Court and unfortunately things like that are often put on the bottom of the pile.
Have a look here at an article which sheds some light on that: click here
Another article here about how to obtain court transcripts from the courts: click here
What you can do is to visit the Magistrates Court (armed with the case number) and ask for the clerk who is in charge of criminal appeals. He should have some answers as to the status of the record. What you want to know is (1) has the record been requested? (2) is he in the process of compiling the record? (3) is the record complete, or are there pieces missing? (4) if the record is complete, when will it be sent to the High Court? (5) if it has been sent to the High Court, what is the High Court case number?
Then, go to the High Court and ask for the clerk who is in charge of criminal appeals and ask similar questions. Basically, is the file in the queue to be heard.
The bad news is that it could take 3 - 5 years for the appeal to be finalised, depending on the delays mentioned in the article above, and whether the record is complete or missing. Also, depending on how many cases from that specific Magistrates Court are being taken on appeal.
Don't lose hope.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
I'm afraid that there are a few possible reasons for the delay. One, is that there are so many criminal trials from the Magistrates Courts which are being taken on appeal, there are just not enough High Court judges to hear them all. You need to realise that the judges have their own court work to do, on top of the criminal appeals. Second, sometimes there is a delay if the original Magistrates Court trial record goes missing. In that instance, there is a lot of work to be done by the clerk at the Magistrates Court and unfortunately things like that are often put on the bottom of the pile.
Have a look here at an article which sheds some light on that: click here
Another article here about how to obtain court transcripts from the courts: click here
What you can do is to visit the Magistrates Court (armed with the case number) and ask for the clerk who is in charge of criminal appeals. He should have some answers as to the status of the record. What you want to know is (1) has the record been requested? (2) is he in the process of compiling the record? (3) is the record complete, or are there pieces missing? (4) if the record is complete, when will it be sent to the High Court? (5) if it has been sent to the High Court, what is the High Court case number?
Then, go to the High Court and ask for the clerk who is in charge of criminal appeals and ask similar questions. Basically, is the file in the queue to be heard.
The bad news is that it could take 3 - 5 years for the appeal to be finalised, depending on the delays mentioned in the article above, and whether the record is complete or missing. Also, depending on how many cases from that specific Magistrates Court are being taken on appeal.
Don't lose hope.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
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