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South Africa decisions
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S v Porritt and Another (SS40/2006) [2023] ZAGPJHC 48 (25 January 2023)
The court ordered Porritt to continue cross-examining the witness first, rejected indefinite delay, and required Bennett to provide medical evidence if asserting incapacity.
Qumba v S (CA&R 34/2020) [2020] ZAECMHC 41; 2021 (1) SACR 227 (ECM) (25 August 2020)
The magistrate failed to properly advise the accused of his right to legal aid and did not allow him adequate time or facilities to prepare his defence after his legal representative withdrew. The accused was indigent and in custody, yet was told he could only obtain legal representation at his own expense, which was not feasible. The magistrate did not follow the required procedure for withdrawal of legal representation, nor did he ensure the accused was informed of his rights or provided with necessary documentation to prepare his defence. Furthermore, the magistrate's conduct during the pr…
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Ledwaba v S (A/258/2018, PA43/2018) [2019] ZAGPPHC 269 (12 June 2019)
The appeal was upheld because the appellant, who had a long history of mental illness, was unrepresented during the referral for psychiatric examination under Chapter 13 of the Criminal Procedure Act. The psychiatric report did not address 'intellectual disability' as required by the amended Act, and the appellant was not in a position to contest the report or appoint a psychiatrist of his choice. The trial court failed to ensure that the appellant's rights to legal representation and a fair trial were protected, resulting in substantial injustice. The conviction and sentence were set aside,…
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Wildridge v S (CA&R 66/2018) [2018] ZAECGHC 132; 2019 (1) SACR 474 (ECG) (14 December 2018)
The High Court set aside a negligent-driving conviction after finding that the unrepresented accused received an unfair trial due to the magistrate’s hostile conduct.
S v Bennett (SS40/2006) [2018] ZAGPJHC 501 (14 August 2018)
The court found that Bennett's applications for special entry did not satisfy the statutory requirements under section 317 of the Criminal Procedure Act. The alleged irregularities relied upon by Bennett were all matters appearing on the record and related to rulings made during the proceedings, which are not proper grounds for special entry. Furthermore, Bennett did not allege that a failure of justice had resulted from the alleged irregularities. The State's argument that the applications were not bona fide, were frivolous and amounted to an abuse of process was accepted. The applications w…
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S v Ndlovu (A801/2016) [2016] ZAGPPHC 1004 (24 November 2016)
The High Court ordered Legal Aid to provide new representation to an accused in a rape matter after a breakdown with his prior attorney.
S v Mafika (236/2015) [2016] ZAFSHC 15; 2016 (1) SACR 623 (FB) (4 February 2016)
The presiding magistrate failed to afford the accused his constitutional right to legal representation, despite repeated requests and clear indications of his inability to conduct his own defence. The accused was not informed of his right to apply for legal aid, and the magistrate proceeded with the trial in an authoritarian manner, disregarding the accused's pleas. This conduct constituted a gross irregularity and resulted in a failure of justice. The seriousness of the charges and the accused's lack of education made it imperative for the magistrate to halt proceedings and ensure legal repr…
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S v Mababso (50/2015) [2015] ZAFSHC 83 (23 April 2015)
High Court review setting aside a conviction and sentence for dagga possession because the accused’s bail, legal-aid, and fair-trial rights were not properly respected.
Majadibodu Community v Commission on Restitution of Land Rights and Others (LCC 147/2010) [2011] ZALCC 19 (5 October 2011)
The Land Claims Court set aside a refusal to fund legal representation for a land restitution claimant and ordered the first respondent to provide funding.
Skosana and Others v Legal Aid Board (Mafikeng) and Another (2282/2007) [2008] ZANWHC 22 (31 July 2008)
Court dealt with requests for legal aid and trial records for inmates seeking leave to appeal, holding the registrar had no duty to provide records at that stage.
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