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South Africa decisions
Decisions matching the current search
Mosiane v S (Appeal) (CA45/2024) [2025] ZANWHC 91 (29 May 2025)
The High Court upheld an appeal against murder conviction and sentence after finding the regional court was not properly constituted under section 93ter.
S v Tyali (Special Review) (RCUMB87/23 ; 217834) [2025] ZAECMHC 43 (29 April 2025)
The High Court set aside Regional Court proceedings held without assessors in a murder trial and remitted the matter to a different magistrate.
Booi and Others v S (Appeal) (CA&R38/2024) [2024] ZAECMHC 86 (25 October 2024)
Appeal against murder and assault convictions succeeded because the regional court failed to comply with section 93ter on assessors.
Ntuli v S (A307/2023) [2024] ZAGPPHC 1064 (11 October 2024)
The court held that the failure of the trial court to enquire about the use of assessors did not vitiate the proceedings, as the handing in of a section 112(2) statement does not amount to the leading of evidence as contemplated by section 93ter(1) of the Magistrates Court Act. The appellant was legally represented, and the factual matrix was accepted by the State without contradiction. The trial court properly considered the appellant's personal circumstances, the context of the offence, and the absence of aggravating evidence. The deviation from the prescribed minimum sentence was justified…
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Dlephu v S (CA&R14/2023) [2024] ZAECMHC 32 (17 May 2024)
The High Court set aside a murder conviction and life sentence after finding fatal trial irregularities involving assessors, an unsworn witness, and improper procedure.
Mabaso v S (AR77/2022) [2023] ZAKZPHC 14; 2023 (2) SACR 217 (KZP) (3 February 2023)
The High Court set aside a murder conviction because the record did not show a proper, informed waiver of assessors under section 93ter.
Siwela v S (AR509/2017) [2018] ZAKZPHC 24 (20 June 2018)
The High Court upheld an appeal and set aside a murder conviction and sentence because the regional magistrate failed to sit with assessors as required by section 93 ter.
Dyantyi v S (CA&R71/15) [2017] ZAECMHC 28 (29 August 2017)
The High Court set aside a murder conviction and life sentence because the regional magistrates’ court was not properly constituted under section 93 ter.
Gayiya v S (1018/2015) [2016] ZASCA 65; 2016 (2) SACR 165 (SCA) (19 May 2016)
The Supreme Court of Appeal held that a murder trial in regional court was invalid because assessors were not appointed as required by section 93ter(1).
S v Nhlapho and Others (A291/15) [2015] ZAGPPHC 273; 2016 (1) SACR 489 (GP) (6 May 2015)
The High Court set aside regional court proceedings as void ab initio because assessors were not appointed or waived in a murder trial.
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