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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 Nkumanda (CA&R45/2023) [2024] ZAECMKHC 31 (19 March 2024)
The trial of the applicant in the Regional Court was not properly constituted as it was conducted without assessors, contrary to the peremptory requirements of Section 93ter(1) of the Magistrates' Court Act. The applicant did not elect for the trial to proceed without assessors, and the absence of assessors constituted a material irregularity. The applicant provided a satisfactory explanation for the delay in bringing the review application, having acted promptly upon becoming aware of the irregularity. Accordingly, condonation for the late institution of proceedings was granted, and the conv…
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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.
Green v S (AR176/2021) [2022] ZAKZPHC 31 (29 July 2022)
The court held that the requirements of s 93ter of the Magistrates' Courts Act were satisfied, as both the appellant and his legal representative elected not to have assessors, and this was recorded in open court. The court preferred the approach in Ngomane, which accepts the election made by a represented accused through counsel as sufficient, over the stricter requirements suggested in Langalitshoni. The evidence against the appellant was consistent and credible, and the magistrate's findings on credibility were not disturbed. The sentences imposed were appropriate given the seriousness of…
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Hlatshwayo and Another v S (AR 354/20) [2022] ZAKZPHC 8 (28 March 2022)
The trial court failed to properly constitute itself in accordance with section 93ter of the Magistrate's Court Act. The record does not show that the accused were informed of their right to have assessors or that they made a positive, informed request to proceed without assessors. The statutory requirements demand a clear explanation and a recorded, knowledgeable waiver of the right to assessors. The absence of such explanation and request constitutes a fatal irregularity, rendering the trial court improperly constituted. Consequently, the convictions and sentences cannot stand and must be s…
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Mbatha v S (AR 348/2018) [2018] ZAKZPHC 57 (25 October 2018)
The court found that the regional court was not properly constituted as it failed to sit with assessors in a murder trial, and there was no evidence that the appellant had been informed of his right to dispense with assessors. This omission constituted a material irregularity. The statutory requirement for assessors is peremptory, and the absence of any record of discussion with the accused regarding assessors rendered the proceedings invalid. The respondent conceded the irregularity, and the court held that both the conviction and sentence must be set aside as incompetent.
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S v Mashabela (REV91/2017) [2017] ZALMPPHC 33 (30 October 2017)
The High Court set aside a regional court murder trial after both assessors defaulted mid-trial, holding the court was not properly constituted.
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.
Mogane v S (A38/2013) [2014] ZAGPPHC 1 (9 January 2014)
The court found that there was sufficient compliance with Section 93 ter (1) of the Magistrates' Courts Act 32 of 1944, as the appellant's legal representative confirmed that no assessors were needed and this was noted by the magistrate. The court also held that the appellant was properly informed of the minimum sentence provisions under Section 51 (2) of Act 105 of 1997 at his first appearance, as recorded by the magistrate. The trial court did not misdirect itself in finding that there were no substantial and compelling circumstances to deviate from the prescribed minimum sentence. The appe…
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Sass v S (A411/2008) [2008] ZAWCHC 279 (31 October 2008)
A High Court set aside a murder conviction and sentence because the regional magistrate failed to summon assessors as required by section 93 ter of the Magistrates' Courts Act.
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