S v Philander and Others (Special Review) (29/2025)
S v Philander and Others (Special Review) (29/2025) [2025] ZAWCHC 291 (6 June 2025)
The High Court held that while Scott's appearance as a struck-off advocate was irregular and constituted a criminal offence under the Legal Practice Act, the Legislature did not intend such irregularity to render proceedings a nullity. The correct approach is to assess whether the irregularity resulted in specific prejudice or a gross deficiency affecting the fairness of the trial. In all five cases, there was no evidence that Scott's conduct compromised the integrity of the proceedings or the accused's fair trial rights. The accused had freely chosen Scott, and the records showed that he dis…
Source excerpt
- Right Of Appearance
- Legal Practitioner Struck Off
- Fair Trial Rights
- Gross Irregularity
- Criminal Procedure Act
- Legal Practice Act