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South Africa decisions
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Nameka v S (CA&R 79/2020) [2020] ZAECGHC 49 (22 April 2020)
Automatic review of a stock-theft conviction was upheld as irregular: prejudicial evidence of prior convictions and incidents was led before conviction.
S v Malahlela (A703/05 , T65/05) [2005] ZAGPHC 63 (6 June 2005)
The court found that the accused, who was unrepresented, asked only one irrelevant question during cross-examination of the complainant. The magistrate did not assist the accused in putting his version to the complainant, nor did he help phrase relevant questions. This failure contravened the duty established in S v Shiburi and section 35(3) of the Constitution, which require the court to actively assist an undefended accused to ensure a fair trial. The lack of assistance resulted in a violation of the accused's constitutional rights and rendered the trial unfair. Consequently, the conviction…
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