Implementation of the Geneva Conventions Act, 2012 (Act No. 8 of 2012)Chapter 4 : Legal Proceedings11. Appeals by protected prisoners of war and protected internees |
| 1) |
| a) | Notwithstanding anything to the contrary in any other law contained, a protected prisoner of war or a protected internee who has been convicted and sentenced to imprisonment for a period of two years or more, may give notice of appeal or notice of application for leave to appeal against such conviction or sentence up to a date 10 days after the date on which the protected prisoner of war or protected internee concerned receives notice that the protecting power has been notified of his or her conviction and sentence. |
| b) | The notice referred to in paragraph (a) must be given- |
| i) | in the case of a protected prisoner of war, by an officer of the South African National Defence Force; or |
| ii) | in the case of a protected internee, by or on behalf of the head of the correctional centre in which the protected internee is detained. |
| 2) | Notwithstanding anything to the contrary in any other law contained, where, after an appeal against the conviction or sentence by a court of a protected prisoner of war or a protected internee has been determined, the sentence remains or has become a sentence of imprisonment for a period of two years or more, the time allowed within which the protected prisoner of war or protected internee concerned must apply to the court for a certificate authorising an appeal in respect of the conviction or sentence as confirmed or varied upon the appeal contemplated in subsection (1) must be regarded as continuing to run until a date seven days after the date on which the protected prisoner of war or protected internee concerned receives a notice given by a person contemplated in subsection (1)(b)(i) or (ii), as the case may be, that the protecting power has been notified of the outcome of the decision on appeal. |
| 3) | Where subsection (1) or (2) applies in relation to a convicted protected prisoner of war or protected internee, then, unless the court orders otherwise, an order of the court relating to the restitution of property or the payment of compensation to an aggrieved person may not take effect, and a provision of a law relating to the re-vesting of property on conviction may not take effect in relation to the conviction, while an appeal by the convicted protected prisoner of war or protected internee against his or her conviction or sentence is possible. |
| 4) | Subsections (1) and (2) do not apply in relation to an appeal against a conviction or sentence, or against the decision of a court upon a previous appeal, if, at the time of the conviction or sentence, or of the decision of the court upon the previous appeal, as the case may be, there is no protecting power. |