S v Mathebula (A550/2012)
S v Mathebula (A550/2012) [2012] ZAGPPHC 150 (3 August 2012)
The magistrate's conduct during the trial, including remarks condoning police assault and inciting violence against the accused, constituted a gross and unacceptable departure from the standards required of a judicial officer. These utterances violated the accused's fundamental rights to freedom from violence and to life, as protected by the Constitution. The magistrate's actions demonstrated actual partiality and hostility, undermining the accused's right to a fair trial. As a result, the correctness of the conviction and appropriateness of the sentence are irrelevant, as the accused did not…
Source excerpt
- Fair Trial Rights
- Judicial Conduct
- Police Assault
- Exclusion Of Unlawfully Obtained Evidence
- Right To Life
- Magistrates Courts Act