The State v J M Twala

J M Twala was convicted of murder in the Witwatersrand High Court in February 1998. His application for leave to appeal was refused by the trial judge, and a subsequent petition to the Supreme Court of Appeal for leave to appeal and to adduce further evidence was also refused. Twala then approached the Constitutional Court, contending that section 316 read with section 315(4) of the Criminal Procedure Act 51 of 1977, which requires leave to appeal against High Court convictions and sentences, infringed his constitutional right under section 35(3)(o) of the Constitution to appeal to, or be reviewed by, a higher court. The application was treated as raising an abstract constitutional question concerning the validity of the statutory leave-to-appeal scheme.

The application for leave to appeal was dismissed. Section 316 read with section 315(4) of the Criminal Procedure Act was declared consistent with section 35(3)(o) of the Constitution.

This case confirms that the constitutional right to appeal or review in criminal matters does not amount to an automatic right of appeal and validates South Africa’s leave-to-appeal system. It reaffirms and extends the reasoning in S v Rens under the final Constitution, clarifying the scope of section 35(3)(o) and emphasising fairness rather than formalistic appeal rights. The judgment is central to constitutional criminal procedure and appellate practice.