S v Balatseng (CA 157/2003)
S v Balatseng (CA 157/2003) [2004] ZANWHC 23; 2005 (2) SACR 28 (B) (22 September 2004)
The appeal was upheld and the convictions and sentences set aside because the appellant's right to legal representation was not properly explained or afforded, and the court failed to assist him as an undefended accused. The trial was conducted in a manner that denied the appellant basic fairness and justice, resulting in procedural irregularities and a miscarriage of justice. The court did not ensure that the appellant's decision to defend himself was informed, nor did it adequately explain his procedural rights or assist him in presenting his case. The cumulative effect of these failures re…
Source excerpt
- Right To Legal Representation
- Unfair Trial
- Judicial Duty To Undefended Accused
- Criminal Procedure Act Section 113
- Constitutional Rights Of Accused