South Africa Case Law

Mntambo v S (478/2020)

Mntambo v S (478/2020) [2021] ZASCA 17 (11 March 2021)

Court

Supreme Court of Appeal

Case number

478/2020

Judges

Mocumie, Dlodlo, Mbatha, Weiner, Poyo-Dlwati

The Supreme Court of Appeal held that the failure to comply with the proviso to section 93ter(1) of the Magistrates' Courts Act 32 of 1944, by not appointing assessors and not affording the appellant the opportunity to elect whether the magistrate should sit with or without assessors, constituted a fatal misdirection. This rendered the trial court improperly constituted, vitiating the proceedings. The State conceded the point, and the conviction and sentence were set aside. The appellant's explanation for the delay in filing appeal documents was accepted as reasonable, and condonation was gra…

Source excerpt

• Murder
• Appointment Of Assessors
• Magistrates Courts Act
• Condonation
• Court Constitution

Gayiya v S (1018/2015)

Gayiya v S (1018/2015) [2016] ZASCA 65; 2016 (2) SACR 165 (SCA) (19 May 2016)

Court

Supreme Court of Appeal

Case number

1018/2015

Judges

Mpati, Wallis, Pillay, Mathopo, Tsoka

The Supreme Court of Appeal held that a murder trial in regional court was invalid because assessors were not appointed as required by section 93ter(1).

• Murder Trial
• Appointment Of Assessors
• Court Constitution
• Magistrates Courts Act
• Irregularity In Proceedings
• Criminal-law