South Africa Case Law

Adane v Jaskolka and Others (006387/2024)

Adane v Jaskolka and Others (006387/2024) [2024] ZAGPJHC 862 (12 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

006387/2024

Judges

MDALANA-MAYISELA, DOSIO

The High Court found that the applicant was not afforded a fair trial as required by section 35(3) of the Constitution and relevant statutory provisions. The absence of an Amharic interpreter meant the applicant could not understand the proceedings or the charge against him. The Magistrate's Court failed to confirm the applicant's understanding of the plea and the implications of pleading guilty, despite the seriousness of the charge and the sentence imposed. The legal representative was not conversant in Amharic, and the interpreter present was unable to facilitate effective communication. T…

Source excerpt

• Right To Fair Trial
• Language Rights In Criminal Procedure
• Interpretation Services
• Section 112 Plea
• Immigration Offences

S v Prince (SS57/05)

S v Prince (SS57/05) [2005] ZAGPHC 80 (5 August 2005)

Court

High Courts - Gauteng

Case number

SS57/05

Judge

Moshidi

The High Court found that the accused did not receive a fair trial as required by section 35(3) of the Constitution. The accused's legal representative was not proficient in Afrikaans, the language of the accused and most witnesses. The magistrate refused to provide an interpreter and treated the defence attorney with impatience and bias, undermining the accused's right to effective legal representation. These procedural irregularities resulted in prejudice to the accused and a breach of his constitutional rights. The unfairness was present from the onset and persisted throughout the trial. T…

Source excerpt

• Fair Trial Rights
• Language Rights In Criminal Procedure
• Legal Representation
• Section 35 Constitution
• Rape

S v Mhlongo (A671/2005)

S v Mhlongo (A671/2005) [2005] ZAGPHC 259 (30 May 2005)

Court

High Courts - Gauteng

Case number

A671/2005

Judges

E M Patel, L O Bosielo

Automatic review of a domestic violence conviction led the High Court to reduce a suspended sentence and require notice in a language the accused understood.

• Domestic Violence Act
• Language Rights In Criminal Procedure
• Sentencing Principles
• Protection Order Compliance
• Domestic-violence
• Criminal-procedure