S v Molefi J Malefane (R56/2020)
S v Molefi J Malefane (R56/2020) [2021] ZAFSHC 234 (14 September 2021)
The review court found that the magistrate's conduct during the trial was irregular and prejudicial to the accused. The magistrate intervened during the accused's cross-examination of the complainant, effectively taking over the questioning and limiting the accused's right to challenge the evidence. Furthermore, the magistrate's persistent and intimidating questioning regarding the calling of defence witnesses led the accused to abandon his intention to call witnesses who could have supported his version. These irregularities infringed upon the accused's constitutional right to a fair trial,…
Source excerpt
- Fair Trial Rights
- Cross Examination
- Judicial Impartiality
- Calling Witnesses