S v Mofokeng (19/2012)
S v Mofokeng (19/2012) [2012] ZAFSHC 117; 2013 (1) SACR 143 (FB) (18 June 2012)
The review court found that the accused, who was unrepresented, was not properly informed of her rights, the procedure under section 112, or the possible competent verdicts. The magistrate failed to ensure that the accused admitted all elements of the charge, and did not conduct an inquiry under section 103 of the Fire Arms Control Act. The accused's answers did not establish the necessary intent for assault with intent to do grievous bodily harm, and the record did not confirm that the complainant, date, and place matched the charge sheet. The cumulative procedural irregularities resulted in…
Source excerpt
- Fair Trial Rights
- Section 112 Procedure
- Section 113 Application
- Firearms Control Inquiry
- Conviction Irregularity