Director of Public Prosecutions, KwaZulu-Natal v Pillay (706/2022)
Director of Public Prosecutions, KwaZulu-Natal v Pillay (706/2022) [2023] ZASCA 105; 2023 (2) SACR 254 (SCA); [2023] 3 All SA 613 (SCA) (23 June 2023)
The Supreme Court of Appeal held that section 93ter(1) of the Magistrates' Courts Act requires that, in murder trials, the accused must be informed of the provision and may request that the trial proceed without assessors. Where the accused is legally represented, a formal request by the legal representative suffices to meet the statutory requirement. The record in this case showed that both the accused and their legal representative were advised of the use of assessors, understood the advice, and confirmed that no assessors were required. The trial magistrate further confirmed this before th…
Source excerpt
- Constitution Of Trial Court
- Murder Trial
- Role Of Assessors
- Statutory Interpretation
- Waiver Of Rights