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South Africa decisions
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Anaye v Jaskolka and Others (133375/2023) [2025] ZAGPJHC 321 (24 March 2025)
The High Court reviewed and set aside a magistrates’ conviction for illegal immigration after finding the proceedings were not interpreted in Amharic.
Gumbo v S (41/1099/17) [2022] ZAGPJHC 227; 2022 (2) SACR 131 (GJ) (21 April 2022)
The court found that the accused was not placed in a position to clearly understand the charges against him, as he was not asked to plead to each charge individually and the charges were not formally put to him by the prosecutor. Furthermore, no enquiry was made regarding his ability to understand English, and no interpretation was provided, despite his status as a Zimbabwean national. These procedural irregularities infringed the accused's constitutional right to a fair trial. In the interests of justice, leave to appeal against both conviction and sentence was granted.
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S v Joale (A192/15) [2015] ZAGPPHC 216 (30 March 2015)
The complainant, a minor, was compelled to testify in Zulu, a language she did not fully understand, instead of her home language, Sepedi. This compromised her evidence and breached her fundamental rights, particularly given the seriousness of the allegations and her age. The irregularity was conceded by the prosecution and is not addressed by the Criminal Procedure Act. The constitutional right to a fair trial, including language rights, must extend to witnesses. The proceedings are therefore set aside, and the trial must recommence before another magistrate, with the complainant testifying…
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S v Mojoe [2010] ZAFSHC 23 (25 February 2010)
The High Court set aside criminal proceedings after finding an unfair-trial irregularity where the complainant testified in a language she did not speak fluently.
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