S v Mashigo and Another (A604/15) [2015] ZAGPPHC 981 (31 August 2015)

S v Mashigo and Another (A604/15) [2015] ZAGPPHC 981 (31 August 2015)

The court found that the accused were denied their constitutional right to legal representation because their representative was not admitted as an attorney or advocate. This irregularity constitutes a failure of justice and vitiates the proceedings. The convictions and sentences are set aside, and the matter is remitted to the regional court to be heard de novo before another magistrate.

Citation
[2015] ZAGPPHC 981
Parties
Applicant: The State; Respondent: Shadrack Butona Mashigo; Respondent: Lewis Mashego
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 August 2015
Case Number
A604/15
Procedural Posture
Review Application / Special Review After Conviction and Sentence
Outcome
Proceedings set aside and remitted for retrial before another magistrate.
Judges
JR Murphy, C Pretorius
Legal Topics
Right to Legal Representation, Irregularity in Proceedings, Failure of Justice
Criminal Law Civil Procedure Right to Legal Representation Irregularity in Proceedings Failure of Justice

Case Brief

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Parties

The State

Applicant

Shadrack Butona Mashigo

Respondent

Lewis Mashego

Respondent

Procedural Posture

Review Application / Special Review After Conviction and Sentence

Legal Issues

  1. 1 Whether the accused's right to legal representation was violated by being represented by a person not admitted as an attorney or advocate.
  2. 2 Whether such irregularity constitutes a failure of justice and vitiates the proceedings.

Ratio Decidendi

The court found that the accused were denied their constitutional right to legal representation because their representative was not admitted as an attorney or advocate. This irregularity constitutes a failure of justice and vitiates the proceedings. The convictions and sentences are set aside, and the matter is remitted to the regional court to be heard de novo before another magistrate.

Court Disposition

Proceedings set aside and remitted for retrial before another magistrate.

Orders

  • The proceedings of the court a quo are set aside.
  • The matter is remitted to the regional court to be instituted de novo before another magistrate.