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South Africa decisions
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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.
S v Nyalungu and Another (REV:96/2021) [2021] ZALMPPHC 83 (19 November 2021)
The High Court referred a murder trial back to the regional court after an assessor withdrew, holding the statutory options under section 93ter(11) had not been exhausted.
S v Papiyana and Another (CA&R 19/2021) [2021] ZAECMHC 8; 2021 (2) SACR 327 (ECM) (23 February 2021)
The court held that the provisions of section 93 ter(1) of the Magistrates' Court Act are peremptory and require the presence of two assessors in murder trials in the regional court unless the accused requests otherwise. In this case, both accused elected for the presence of assessors, and the magistrate had no discretion to proceed with only one assessor. The failure to properly constitute the court was a gross irregularity that vitiated the proceedings. Lack of human resources cannot justify non-compliance with statutory requirements. The conviction was set aside as the proceedings were not…
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Langalitshoni v S (CA&R30/17) [2018] ZAECMHC 75; 2020 (2) SACR 65 (ECM) (7 June 2018)
The court found that the magistrate failed to properly inform the appellant of his right to be tried with assessors as required by section 93(ter)(1) of the Magistrates' Courts Act. The magistrate's question was misleading and did not amount to a valid waiver of the right to a properly constituted court. The appellant was not personally addressed, and there was no confirmation that he understood the nature of the right being waived. As a result, the proceedings in the regional court were a nullity, and the convictions and sentences imposed on the appellant must be set aside.
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Van Staden v S (CA21/2017) [2018] ZANWHC 82 (26 April 2018)
The High Court upheld a criminal appeal after finding the Regional Court failed to comply with section 93 by not informing the accused about assessors before plea.
Shange v S (613/2016) [2017] ZASCA 51 (2 May 2017)
The Supreme Court of Appeal held that the regional magistrate was required by s 93ter(1) of the Magistrates' Courts Act to sit with two assessors in a murder trial unless the accused requested otherwise. The appellant was not legally represented and there is no evidence he was informed of his right to request a trial without assessors. The record does not reflect any such request or the presence of assessors. The requirement is peremptory, and non-compliance rendered the trial court improperly constituted. Accordingly, the convictions and sentences were incompetent and had to be set aside. Th…
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