South Africa Case Law

S v Henry (Review) (39/2025)

S v Henry (Review) (39/2025) [2025] ZAWCHC 89 (6 March 2025)

Court

Western Cape High Court, Cape Town

Case number

39/2025

Judges

LG Nuku, N E Ralarala

The court found that the accused had been represented by a person who was not authorised to practice as an advocate, which constitutes a fatal irregularity in criminal proceedings. On the authority of S v Van Eeden and related cases, such irregularity requires the proceedings to be rescinded without reference to the merits. The court determined that intervention was warranted at this stage to prevent the accused from participating in proceedings that would inevitably be set aside, thereby avoiding grave injustice. Accordingly, the criminal proceedings against the accused were reviewed, set as…

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• Corruption
• Money Laundering
• Irregular Representation
• Fatal Irregularity

S v Bokaba (A869.2015)

S v Bokaba (A869.2015) [2015] ZAGPPHC 892 (26 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

A869.2015

Judges

D S Molefe, R G Tolmay

The High Court set aside regional court proceedings after finding the accused had been represented by an unadmitted attorney, a fatal irregularity.

• Right Of Legal Representation
• Fatal Irregularity
• De Novo Trial
• Unqualified Legal Practitioner
• Criminal-law
• Legal-representation

S v Anthony (SHF 27/14)

S v Anthony (SHF 27/14) [2015] ZAWCHC 30 (20 March 2015)

Court

Western Cape High Court, Cape Town

Case number

SHF 27/14

Judges

Dlodlo, Traverso

The magistrate committed a fatal error by failing to administer the oath to a witness called under section 186 of the Criminal Procedure Act. This unsworn evidence was considered in convicting the accused, contaminating the proceedings. The error vitiates not only the evidence of the unsworn witness but the entire proceedings, as the conviction is 'fruit of the poisoned tree.' Justice requires that the proceedings be set aside in their entirety and the matter be tried de novo before a different magistrate, at the discretion of the Director of Public Prosecution.

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• Admissibility Of Evidence
• Unsworn Witness
• Section 162 Criminal Procedure Act
• Section 186 Criminal Procedure Act
• Fatal Irregularity
• Setting Aside Conviction

Chala and Others v Director of Public Prosecutions, KwaZulu-Natal and Another (AR107/14)

Chala and Others v Director of Public Prosecutions, KwaZulu-Natal and Another (AR107/14) [2014] ZAKZPHC 62; 2015 (2) SACR 283 (KZP) (9 December 2014)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR107/14

Judges

Vahed, Ndamase

The court held that section 93ter of the Magistrates Court Act, 1944 is peremptory in murder trials before a regional magistrate. The magistrate must appoint two assessors unless the accused, after proper explanation, elects to proceed without them. The record must reflect both the explanation and the accused's election. Failure to comply with these requirements constitutes a fatal irregularity that vitiates the entire proceedings, regardless of the evidence or consent. The court found that the applicants' trial was fatally irregular due to the absence of assessors and the lack of explanation…

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• Magistrates Court Act Section 93ter
• Fatal Irregularity
• Appointment Of Assessors
• Fair Trial Rights
• Setting Aside Conviction

S v Khambule (203/04)

S v Khambule (203/04) [2005] ZANWHC 4 (1 January 2005)

Court

North West High Court, Mafikeng

Case number

203/04

Judges

V V Tlhapi, R D Hendricks

The High Court set aside a murder conviction and sentence after finding that the magistrate’s failure to appoint assessors was a fatal irregularity.

• Mandatory Appointment Of Assessors
• Fatal Irregularity
• Trial De Novo
• Magistrates Courts Act
• Criminal Procedure
• Criminal-appeal