South Africa Case Law

Monyapheng v S (CA 08/2023)

Monyapheng v S (CA 08/2023) [2024] ZANWHC 65 (16 February 2024)

Court

North West High Court, Mafikeng

Case number

CA 08/2023

Judges

Petersen, Dewrance

The appeal turned on whether the Regional Magistrate complied with section 93ter(1) of the Magistrates' Courts Act in relation to the appointment of assessors. The court found that the pre-trial record merely reflected a waiver of assessors by the legal representative, without any substantive engagement or confirmation that the appellant was properly advised of her rights or that she understood the implications. The subsequent trial record did not cure this defect, as the legal representative disavowed the earlier recordal and did not confirm proper instructions from the appellant. The court…

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• Murder
• Theft
• Appointment Of Assessors
• Magistrates Courts Act Section 93ter
• Fair Trial Rights

Green v S (AR176/2021)

Green v S (AR176/2021) [2022] ZAKZPHC 31 (29 July 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR176/2021

Judges

Dumisa AJ, Olsen J

The court held that the requirements of s 93ter of the Magistrates' Courts Act were satisfied, as both the appellant and his legal representative elected not to have assessors, and this was recorded in open court. The court preferred the approach in Ngomane, which accepts the election made by a represented accused through counsel as sufficient, over the stricter requirements suggested in Langalitshoni. The evidence against the appellant was consistent and credible, and the magistrate's findings on credibility were not disturbed. The sentences imposed were appropriate given the seriousness of…

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• Murder
• Robbery With Aggravating Circumstances
• Constitution Of Court
• Magistrates Courts Act Section 93ter
• Credibility Of Witnesses

S v Nyalungu and Another (REV:96/2021)

S v Nyalungu and Another (REV:96/2021) [2021] ZALMPPHC 83 (19 November 2021)

Court

Limpopo High Court, Polokwane

Case number

REV:96/2021

Judges

Kganyago, Semenya

The High Court referred a murder trial back to the regional court after an assessor withdrew, holding the statutory options under section 93ter(11) had not been exhausted.

• Murder Trial
• Assessors In Regional Court
• Criminal Procedure Act Section 304
• Magistrates Courts Act Section 93ter
• Criminal-procedure
• Murder-trial