Mabe v S (A45/2022)
Mabe v S (A45/2022) [2022] ZAFSHC 175 (20 July 2022)
The court found that the magistrate failed to comply with the peremptory provisions of section 93ter(1) of the Magistrates’ Court Act. The accused was not afforded an opportunity to elect whether to proceed with or without assessors before pleading, and there was no record of an explanation or waiver. The fact that the issue may have been canvassed informally does not absolve the presiding officer from the statutory requirement. This omission constitutes a fatal misdirection, vitiating both the conviction and sentence. The appeal was upheld, and the conviction and sentence were set aside.
Source excerpt
- Murder
- Magistrates Court Procedure
- Appointment Of Assessors
- Fatal Misdirection