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Section history

Section 394E — Orders on review

As in force on 31 December 2021.

Timeline 3 versions
  1. 1 January 2013 Act 30 of 2012, Act 33 of 2012
  2. 31 December 2021 Revised edition
  3. 17 August 2026 Latest
Revised edition in force 31 December 2021

The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.

394E.Orders on review

(1)If the Court of Appeal is satisfied as to the correctness, legality and propriety of —

(a)the conviction of the accused for the offence for which the sentence of death is imposed; or

(b)the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law,

it must issue a certificate to the Public Prosecutor and the accused or the accused’s advocate confirming the imposition of the sentence of death on the accused.

(2)If the Court of Appeal is not satisfied as to the correctness, legality and propriety of —

(a)the conviction of the accused for the offence for which the sentence of death is imposed; or

(b)the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law,

it must set aside the sentence of death, and may make such further order as it deems fit.