Case Review: Constitutional application

• Jurisdiction: South Africa
• Published date: 16 August 2019
• Author: Anashri Pillay
• Pages: 121-125
• Date: 16 August 2019
• Citation: (2005) 18 SACJ 121

Recent cases 121

Constitutional Application

ANASHRI PILLAY

University of Cape Town

Interpretation –– right to a fair trial

Right of access to police dockets or state witnesses’ reports

In S v Shiburi 2004 (2) SACR 314 (W), the court had to decide whether

the right to a fair trial included the right of access to police dockets or

state witnesses’ reports and, if it did, whether there was a duty on a judicial

off‌i cer to inform an unrepresented accused of such right. Three judgments

were handed down. Two of the judges dismissed the appeal. A large part

of the reasoning turned on the interpretation of the Constitutional Court’s

judgment in Shabalala and Others v Attorney-General of Transvaal and

Another 1995 (2) SACR 761 (CC). EM du Toit AJ interpreted the judgment

to mean that there is a ‘blanket privilege’ against disclosure of police

dockets but that the individual circumstances of the case may require

disclosure to facilitate a fair trial (at 338c–e). He went on to f‌i nd that there

(2005) 18 SACJ 121

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