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South Africa Case Law

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Criminal Law [2025] ZASCA 57

Gilchrist v S (1153/2021)

Gilchrist v S (1153/2021) [2025] ZASCA 57 (12 May 2025)

Court
Supreme Court of Appeal
Case number
1153/2021
Judges
Zondi, Schippers, Hughes, Phatshoane, Modiba

The Supreme Court of Appeal held that the trial court complied with s 93ter(1) of the Magistrates’ Court Act, as the record reflected that the appellant’s legal representative confirmed no assessors were required. The appellant was legally represented throughout, and there was no indication he was uninformed of his rights. The application to introduce new evidence based on a recanting affidavit was refused, as the affidavit lacked independent corroboration and was not probably true or reliable. The identification evidence was detailed, corroborated, and the appellant himself conceded that the…

Source excerpt

  • Murder
  • Identification Evidence
  • Alibi Defence
  • Magistrates Court Assessors
  • Leave To Introduce New Evidence
  • Firearms Control Act
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Criminal Law [2019] ZAGPPHC 581

Molekoa v S (A600/16)

Molekoa v S (A600/16) [2019] ZAGPPHC 581 (7 November 2019)

Court
North Gauteng High Court, Pretoria
Case number
A600/16
Judges
NE Nkosi, Sardiwalla

The court found that the Regional Magistrate failed to comply with the mandatory provisions of section 93 ter (1) of the Magistrates Court Act 32 of 1944 by not informing the appellant of his right to have assessors present in his murder trial. This omission constitutes a procedural irregularity that renders both the conviction and sentence invalid. Both parties conceded this point, and the Supreme Court of Appeal precedent in Gayiya v S was followed. Accordingly, the appeal succeeded and the conviction and sentence were set aside.

Source excerpt

  • Murder
  • Unlawful Possession Of Firearm
  • Magistrates Court Assessors
  • Procedural Irregularity
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.