S v Joale (A192/15)
S v Joale (A192/15) [2015] ZAGPPHC 216 (30 March 2015)
The complainant, a minor, was compelled to testify in Zulu, a language she did not fully understand, instead of her home language, Sepedi. This compromised her evidence and breached her fundamental rights, particularly given the seriousness of the allegations and her age. The irregularity was conceded by the prosecution and is not addressed by the Criminal Procedure Act. The constitutional right to a fair trial, including language rights, must extend to witnesses. The proceedings are therefore set aside, and the trial must recommence before another magistrate, with the complainant testifying…
Source excerpt
- Fair Trial Rights
- Language Of Proceedings
- Minor Witness
- Irregularity In Trial