S v Mashabela (REV91/2017) [2017] ZALMPPHC 33 (30 October 2017)

S v Mashabela (REV91/2017) [2017] ZALMPPHC 33 (30 October 2017)

The court held that the trial proceedings were irregular because the regional magistrate was required to sit with two assessors throughout the murder trial unless the accused, after being properly informed, dispensed with that right. In this case, although the trial commenced with two assessors, both defaulted during the proceedings. The presiding officer attempted to continue with the remaining assessor and later without any assessor, but this was impermissible given the mandatory nature of Section 93 ter(1) of the Magistrates' Court Act. The accused's right to a properly constituted court was not protected, and the proceedings were fundamentally flawed. The court followed the principle...

Citation
[2017] ZALMPPHC 33
Parties
Applicant: The State; Respondent: Mmangwaile Lipson Mashabela
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
30 October 2017
Case Number
REV91/2017
Procedural Posture
Criminal Review / Special Review
Outcome
The trial proceedings in the regional court are reviewed and set aside. The matter is to start de novo before another regional magistrate.
Judges
M.G Phatudi, E.M Makgoba
Legal Topics
Regional Court Assessors, Murder Trial Procedure, Constitution of Court, Section 93ter Magistrates Courts Act
Criminal Law Civil Procedure Regional Court Assessors Murder Trial Procedure Constitution of Court Section 93ter Magistrates Courts Act

Case Brief

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Parties

The State

Applicant

Mmangwaile Lipson Mashabela

Respondent

Procedural Posture

Criminal Review / Special Review

Legal Issues

  1. 1 Whether the trial court was properly constituted in the absence of one or both assessors during a murder trial in the regional court.
  2. 2 Whether the proceedings could lawfully continue after assessors defaulted.
  3. 3 Whether the accused's rights under Section 93 ter of the Magistrates' Court Act were properly protected.

Ratio Decidendi

The court held that the trial proceedings were irregular because the regional magistrate was required to sit with two assessors throughout the murder trial unless the accused, after being properly informed, dispensed with that right. In this case, although the trial commenced with two assessors, both defaulted during the proceedings. The presiding officer attempted to continue with the remaining assessor and later without any assessor, but this was impermissible given the mandatory nature of Section 93 ter(1) of the Magistrates' Court Act. The accused's right to a properly constituted court was not protected, and the proceedings were fundamentally flawed. The court followed the principle...

Court Disposition

The trial proceedings in the regional court are reviewed and set aside. The matter is to start de novo before another regional magistrate.

Orders

  • The trial proceedings in the court a quo are reviewed and set aside.
  • The trial is to start de novo before another Regional Court Magistrate.