S v Mabaso and Another (60/89) [1990] ZASCA 24; 1990 (3) SA 185 (AD); (26 March 1990)

S v Mabaso and Another (60/89) [1990] ZASCA 24; 1990 (3) SA 185 (AD); (26 March 1990)

The majority held that the magistrate's failure to inform the appellants of their right to legal representation during section 119 proceedings did not, in itself, render the admissions and pleas made during those proceedings inadmissible at trial. The court found that the irregularity would only be material if the appellants were shown to be ignorant of their rights and prejudiced thereby. In this case, there was insufficient evidence to conclude that the appellants were unaware of their rights or that the irregularity resulted in a failure of justice. The trial court was correct in admitting the section 119 record, and the convictions were supported by both the admissions and independent...

Citation
[1990] ZASCA 24
Parties
Appellant: Sihle Mabaso; Appellant: Nhlanha Mabaso; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 1990
Case Number
60/89
Procedural Posture
Criminal Appeal / Appeal From Convictions and Sentences Following Trial in the Witwatersrand Local Division
Outcome
Appeal dismissed (majority); convictions and sentences upheld. Dissent would have upheld the appeal and set aside convictions and sentences.
Judges
Hoexter, Smalberger, Milne, Eksteen, Nicholas
Legal Topics
Right to Legal Representation, Admissibility of Admissions, Irregularity in Proceedings, Privilege Against Self Incrimination, Fair Trial, Magistrates Court Procedure
Criminal Law Civil Procedure Right to Legal Representation Admissibility of Admissions Irregularity in Proceedings Privilege Against Self Incrimination Fair Trial Magistrates Court Procedure

Case Brief

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Parties

Sihle Mabaso

Appellant

Nhlanha Mabaso

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Convictions and Sentences Following Trial in the Witwatersrand Local Division

Legal Issues

  1. 1 Whether the magistrate's failure to inform the appellants of their right to legal representation during section 119 proceedings constituted an irregularity.
  2. 2 Whether admissions and pleas made during section 119 proceedings without legal representation were admissible at trial.
  3. 3 Whether the irregularity, if any, resulted in a failure of justice warranting the setting aside of convictions.

Ratio Decidendi

The majority held that the magistrate's failure to inform the appellants of their right to legal representation during section 119 proceedings did not, in itself, render the admissions and pleas made during those proceedings inadmissible at trial. The court found that the irregularity would only be material if the appellants were shown to be ignorant of their rights and prejudiced thereby. In this case, there was insufficient evidence to conclude that the appellants were unaware of their rights or that the irregularity resulted in a failure of justice. The trial court was correct in admitting the section 119 record, and the convictions were supported by both the admissions and independent...

Court Disposition

Appeal dismissed (majority); convictions and sentences upheld. Dissent would have upheld the appeal and set aside convictions and sentences.

Orders

  • The appeals on the special entry are dismissed.
  • Convictions and sentences of both appellants are confirmed.