Bagananeng v S (CA & R 33/23)
Bagananeng v S (CA & R 33/23) [2023] ZANCHC 68 (27 October 2023)
The trial court's procedure in allowing the prosecutor to question the accused during section 112(1)(b) plea proceedings constituted impermissible cross-examination and violated the accused's fair trial rights. The accused's responses did not amount to admissions of guilt and should have triggered the entry of a plea of not guilty under section 113. The irregularity was uncovered early in the proceedings, and remittal to the same magistrate would be undesirable due to potential prejudice. The proceedings were not in accordance with justice and must be set aside, with the matter remitted for t…
Source excerpt
- Criminal Procedure Act Section 112
- Fair Trial Rights
- Cross Examination At Plea Stage
- Remittal Under Section 312
- Magistrates Court Review