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South Africa decisions
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Munusamy v Regional Magistrate Port Shepstone and Others (AR 546/11) [2013] ZAKZPHC 18 (16 April 2013)
High Court review of a rape conviction dismissed after the court found no prejudice from alleged lawyer conflict or failure to call witnesses.
Rudman v Cooney NO and Others (CA 1404/08) [2010] ZAECGHC 130 (3 December 2010)
The court found that the applicant failed to establish any incompetence or breach of mandate by his former attorney, Prinsloo. Prinsloo's affidavit was admissible due to imputed waiver of privilege, as fairness required the court to consider his response to allegations of incompetence. The record showed that Prinsloo acted on the applicant's instructions, consulted adequately, and cross-examined witnesses appropriately. The admissions made during the trial were confirmed by the applicant and were not prejudicial, as they reflected facts already established by evidence. The applicant's complai…
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S v Mafu and Others (A1105/2005) [2008] ZAGPHC 38; 2008 (2) SACR 653 (W); [2008] 2 All SA 657 (W) (14 February 2008)
The court found that the appellants' legal representative failed to put their alibi defence and relevant facts to the State witnesses, did not lead them in chief on their whereabouts, and failed to challenge the identification evidence. This constituted gross incompetency and a breach of the duty to provide effective legal representation, resulting in a failure of justice and an unfair trial as required by section 35(3) of the Constitution. Additionally, the presiding magistrate's conduct in questioning the appellants was hostile, repetitive, and amounted to judicial harassment, further under…
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Mtotywa and Others v Director of Public Prosecutions (Mthatha) (CCT61/05) [2005] ZACC 23; 2006 (4) BCLR 459 (CC) (14 December 2005)
The Constitutional Court dismissed a direct-access application by convicted prisoners seeking a special entry for alleged ineffective legal representation after appeals had been exhausted.
S v Toba and Another (ECJ 2004/019) [2004] ZAECHC 24; [2006] 4 All SA 492 (E); 2008 (1) SACR 415 (E) (26 August 2004)
The court found that the appellants failed to establish that they did not receive a fair trial. The decision by their attorney not to call them as witnesses was made after consultation and was within his professional discretion. The explanation for not leading further evidence was insufficient and did not meet the requirements for remittal. Furthermore, the application was fatally defective as it did not specify the evidence to be presented. The court held that the complainant's evidence was credible and properly tested in cross-examination, and the magistrate's judgment was sound. The convic…
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