S v Mazibuko an Others (384/87)
S v Mazibuko an Others (384/87) [1988] ZASCA 25 (29 March 1988)
The Supreme Court of Appeal held that the trial court erred in refusing to allow cross-examination of accused no 1 on his previous convictions under section 197(b) of the Criminal Procedure Act, as no judicial discretion exists to prohibit such questioning when the statutory requirements are met. Furthermore, the trial court failed to properly interpret accused no 1's statement during argument as a potential application to re-open his case, particularly given his unrepresented status. These procedural irregularities, especially the failure to canvass the possibility of accidental discharge of…
Source excerpt
- Murder
- Dolus Eventualis
- Common Purpose
- Cross Examination Of Co Accused
- Admissibility Of Previous Convictions
- Procedural Irregularity