S v Moeketsi (992/2004)
S v Moeketsi (992/2004) [2004] ZAFSHC 81 (29 July 2004)
The court found that the refusal to grant a further postponement effectively deprived the accused of the opportunity to address the court before judgment. The accused did not voluntarily abandon his right to address the court; rather, he was placed in a position where he could not exercise that right due to circumstances beyond his control, including the withdrawal of his attorney and his own detention. The court distinguished the present case from S v Vermaas, noting that in Vermaas the accused deliberately chose not to address the court, whereas in this matter the accused was not afforded a…
Source excerpt
- Right To Address Court
- Gross Irregularity
- Fair Trial
- Legal Representation
- Failure To Afford Opportunity
- Prejudice