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South Africa decisions
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Nxumalo v S (AR263/2019 RC51/2013) [2022] ZAKZDHC 23 (10 February 2022)
The High Court set aside a murder conviction and 15-year sentence because the accused was not personally informed of, or shown to have waived, his right to assessors.
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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