TY - JOUR AU - Mhlongo, Lindelwa Beaulender AU - Dube, Buhle Angelo PY - 2020/05/05 Y2 - 2024/03/28 TI - Legal Standing of Victims in Criminal Proceedings: Wickham v Magistrate, Stellenbosch 2017 1 BCLR 121 (CC) JF - Potchefstroom Electronic Law Journal JA - PER VL - 23 IS - 0 SE - Case Notes DO - 10.17159/1727-3781/2020/v23i0a6022 UR - https://perjournal.co.za/article/view/6022 SP - 1-18 AB - <p>In late 2016, the Constitutional Court delivered judgment in a case, <em>Wickham v Magistrate, Stellenbosch </em>2017 1 BCLR 121 (CC), involving Wayne Anthony Wickham (an aggrieved father and applicant in this case), who appealed against the decision of the Magistrate's Court in which he was denied the opportunity to hand up a victim impact statement. The thrust of his application was that his rights, as a victim of the crime in which his son was negligently killed by the fourth respondent, had been violated, and that this raised an arguable point of law of general public importance. The respondents, however, argued that the applicant lacked standing as the <em>dominus</em> <em>litis</em> in culpable homicide cases is the public prosecutor, and not the relatives of the deceased, or the victim. The case turned on whether the exercise of discretion by the Magistrate in denying Wickham the right to be heard was performed correctly; and whether a non-party to criminal proceedings could make an application for the review of the Magistrate's conduct. The article seeks to interrogate the rights of victims in criminal proceedings and aptly poses the following question: Do victims of crimes have a <em>locus standi </em>to be part of criminal proceedings?</p><p><a href="https://scholar.google.com/citations?hl=en&amp;user=C4ZqO54AAAAJ&amp;view_op=list_works&amp;sortby=pubdate" target="_blank" rel="noopener"><img src="/public/site/images/bontle-1813/scholar_logo_64dp15.png"></a></p> ER -