Heslop v The State

The appellant, Reuben Heslop, was convicted of three counts of culpable homicide by the Johannesburg High Court on 13 August 1996 and sentenced to an effective six years’ imprisonment on 5 November 1996. Leave to appeal was granted on the same day. Despite this, the appeal record was only transmitted to the Supreme Court of Appeal on 19 May 2005, resulting in an inordinate delay of more than nine and a half years. Heads of argument were later filed on behalf of the appellant by counsel from the Johannesburg Justice Centre, despite counsel being unable to locate the appellant or obtain a power of attorney. The appeal was enrolled for hearing on 2 March 2006.

The appeal was struck off the roll. The registrar of the SCA was directed to seek a full explanation for the delay in transmitting the record and for the filing of heads of argument without a power of attorney.

The case underscores the importance of procedural compliance in criminal appeals, particularly the timely transmission of records and the requirement that legal representatives act with proper authority. It highlights the SCA’s supervisory role over lower court administration and its intolerance of systemic delays that undermine the administration of justice.