Phakathi and Others v S (CA&R03/17, CA&R71/16, CA&R76/14)
Phakathi and Others v S (CA&R03/17, CA&R71/16, CA&R76/14) [2017] ZAECMHC 47 (29 June 2017)
The Supreme Court of Appeal has authoritatively held that section 93 ter(1) of the Magistrate's Courts Act 32 of 1944 is peremptory in murder trials before regional courts. The presiding magistrate must inform the accused of the requirement for two assessors and appoint them unless the accused requests that the trial proceed without assessors. In all three appeals, the magistrates failed to comply with this requirement: no assessors were appointed, and the accused were not informed of their rights. As a result, the courts were not properly constituted, and the proceedings are a nullity. The c…
Source excerpt
- Constitution Of Regional Court
- Appointment Of Assessors
- Minimum Sentences
- Nullity Of Proceedings