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South Africa decisions
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Mthethwa v S (Appeal) (AR8/2021) [2025] ZAKZPHC 44 (7 May 2025)
Appeal against murder and firearm convictions dismissed. The High Court upheld the trial court’s findings on assessors, identification evidence, alibi, and sentence.
Ngomane and Another v S (A109/2020) [2021] ZAGPPHC 172; 2021 (2) SACR 654 (GP) (24 March 2021)
The court held that the trial was constitutionally constituted despite the lack of a detailed personal explanation to the accused regarding assessors, as both appellants were legally represented and their counsel expressly waived the appointment of assessors on two occasions. The magistrate was alert to the requirements of Section 93ter(1), and there was no failure of justice. On the merits, the evidence established that the appellants acted in concert with others to rob the complainant, and their version was correctly rejected. The doctrine of common purpose was properly applied to the posse…
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Ndawonde and Another v S (A107/2018) [2019] ZAGPJHC 61 (4 March 2019)
The court held that the provisions of section 93ter of the Magistrates' Courts Act are peremptory in murder trials before a regional court. The purported waiver of assessors by the appellants, even if valid, was made too late in the proceedings and did not cure the irregularity. The judicial officer failed to administer the required oath to assessors before the trial, resulting in a fatal procedural irregularity. Following the precedent in S v Gayiya, the appeals must be upheld and the convictions and sentences set aside. The court made no finding on whether the appellants should or could be…
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Malatji v S (A259/10) [2013] ZAGPPHC 105 (18 April 2013)
The trial court was obliged to refer the appellant for mental observation under section 78(2) of the Criminal Procedure Act, given the disclosure of his prior detention as a State President's patient and the reasonable possibility of diminished criminal capacity. The failure to do so constituted a material irregularity. Additionally, the regional court failed to appoint two assessors as required by section 93ter of the Magistrate Court Act, despite the appellant's election to be tried with assessors. This procedural irregularity further vitiated the proceedings. The cumulative effect of these…
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Mokalaka v S (A534/08) [2009] ZAGPPHC 84; 2010 (1) SACR 88 (GNP) (9 June 2009)
The regional court failed to comply with the mandatory requirement to inform the appellant of his right to have assessors in a murder trial, rendering the court improperly constituted and without jurisdiction to try the murder charge. Consequently, the conviction and sentence for murder must be set aside. Regarding sentencing for rape and robbery, the regional magistrate imposed sentences when, under the applicable law at the time, he was not empowered to do so, making those sentences a nullity. The convictions for rape and robbery are upheld, but the sentences are set aside and the matter is…
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