PEN2606
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 18 SEPTEMBER 2025
, PEN2606 ASSIGNMENT 2
Semester 2, 2025
Question 1
1.1 Appeal on the Grounds of Special Entry of Irregularity or Illegality (10)
In the criminal justice system, the right to appeal is an important safeguard to ensure
fairness, justice, and adherence to the rule of law. One form of appeal is based on a
special entry of irregularity or illegality. This occurs when there is an error in law or
procedure during the trial that may have compromised the fairness of the proceedings.
For instance, if evidence was admitted unlawfully, if the accused was denied legal
representation, or if judicial bias was present, the accused may request that a special
entry be recorded and later relied upon in an appeal (Joubert, 2020).
An irregularity refers to a procedural defect such as failure to provide an interpreter,
while illegality concerns a direct breach of legal provisions, such as imposing a
sentence not authorized by law (S v Chabedi, 2005). Courts distinguish between
material and non-material irregularities: a material irregularity or illegality that prejudices
the accused justifies setting aside the conviction or sentence. The purpose is to
safeguard the accused’s constitutional right to a fair trial (Constitution of the Republic of
South Africa, 1996, s.35).
Thus, appeals on these grounds act as a corrective mechanism, ensuring that justice is
not only done but seen to be done, preserving both the integrity of the justice system
and the rights of offenders.
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 18 SEPTEMBER 2025
, PEN2606 ASSIGNMENT 2
Semester 2, 2025
Question 1
1.1 Appeal on the Grounds of Special Entry of Irregularity or Illegality (10)
In the criminal justice system, the right to appeal is an important safeguard to ensure
fairness, justice, and adherence to the rule of law. One form of appeal is based on a
special entry of irregularity or illegality. This occurs when there is an error in law or
procedure during the trial that may have compromised the fairness of the proceedings.
For instance, if evidence was admitted unlawfully, if the accused was denied legal
representation, or if judicial bias was present, the accused may request that a special
entry be recorded and later relied upon in an appeal (Joubert, 2020).
An irregularity refers to a procedural defect such as failure to provide an interpreter,
while illegality concerns a direct breach of legal provisions, such as imposing a
sentence not authorized by law (S v Chabedi, 2005). Courts distinguish between
material and non-material irregularities: a material irregularity or illegality that prejudices
the accused justifies setting aside the conviction or sentence. The purpose is to
safeguard the accused’s constitutional right to a fair trial (Constitution of the Republic of
South Africa, 1996, s.35).
Thus, appeals on these grounds act as a corrective mechanism, ensuring that justice is
not only done but seen to be done, preserving both the integrity of the justice system
and the rights of offenders.
