S v Lekalakala (113/2017)
S v Lekalakala (113/2017) [2017] ZALMPPHC 36 (9 November 2017)
The High Court found that the magistrate failed to comply with the procedural safeguards required for summary contempt proceedings under section 108(1) of the Magistrates' Court Act. The accused was not properly informed of the charge, his constitutional rights, or given an opportunity to adduce evidence or address the court in mitigation. The absence of a recorded transcript further undermined the fairness of the proceedings. The conduct of the accused constituted misbehavior in court, but the summary procedure was not properly followed, rendering the conviction and sentence invalid. The sen…
Source excerpt
- Contempt Of Court
- Summary Procedure
- Misbehavior In Court
- Constitutional Rights
- Magistrates Courts Act