Conradie v The State

The applicant, Dane Conradie, was convicted in the Wynberg Regional Magistrate’s Court on two counts of rape in contravention of section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. He was sentenced to 18 years’ imprisonment (the counts taken together) and declared unfit to possess a firearm. On appeal to the Western Cape High Court, his convictions were confirmed but his sentence was reduced to an effective 12 years’ imprisonment. An application for special leave to appeal to the Supreme Court of Appeal, and a subsequent application for reconsideration by its President, were refused. Conradie then applied to the Constitutional Court, contending that his constitutional right to a fair trial and appeal under section 35(3)(o) was infringed because the Supreme Court of Appeal considered his applications without the full trial record.

Condonation for late filing was granted, but the application for leave to appeal to the Constitutional Court was dismissed.

The case clarifies the scope of the right to a fair trial and appeal under section 35(3)(o) of the Constitution, particularly regarding whether a full trial record is required when considering applications for special leave to appeal in the Supreme Court of Appeal. It confirms that the constitutional requirement is one of an adequate and informed reconsideration, not an automatic entitlement to the full record in all circumstances, especially in higher tiers of appeal.