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South Africa decisions
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Booi and Others v S (Appeal) (CA&R38/2024) [2024] ZAECMHC 86 (25 October 2024)
Appeal against murder and assault convictions succeeded because the regional court failed to comply with section 93ter on assessors.
Nxumalo v S (AR263/2019 RC51/2013) [2022] ZAKZDHC 23 (10 February 2022)
The High Court set aside a murder conviction and 15-year sentence because the accused was not personally informed of, or shown to have waived, his right to assessors.
Makgene and Another v S (A199/2016) [2019] ZAGPPHC 486 (17 September 2019)
The trial court failed to comply with the mandatory provisions of Section 93 ter (1) of the Magistrates' Court Act by not properly engaging the appellant or his legal representative regarding the appointment of assessors in the murder trial. The record did not reflect any waiver or appointment of assessors, nor did it indicate that the trial court was properly constituted. This failure rendered the conviction and sentence for murder invalid and they were set aside. Regarding the conviction for attempted murder, the evidence was found to be corroborated by independent witnesses and the appella…
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Langalitshoni v S (CA&R30/17) [2018] ZAECMHC 75; 2020 (2) SACR 65 (ECM) (7 June 2018)
The court found that the magistrate failed to properly inform the appellant of his right to be tried with assessors as required by section 93(ter)(1) of the Magistrates' Courts Act. The magistrate's question was misleading and did not amount to a valid waiver of the right to a properly constituted court. The appellant was not personally addressed, and there was no confirmation that he understood the nature of the right being waived. As a result, the proceedings in the regional court were a nullity, and the convictions and sentences imposed on the appellant must be set aside.
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S v Mashabela (REV91/2017) [2017] ZALMPPHC 33 (30 October 2017)
The High Court set aside a regional court murder trial after both assessors defaulted mid-trial, holding the court was not properly constituted.
Mokalaka v S (A534/08) [2009] ZAGPPHC 84; 2010 (1) SACR 88 (GNP) (9 June 2009)
The regional court failed to comply with the mandatory requirement to inform the appellant of his right to have assessors in a murder trial, rendering the court improperly constituted and without jurisdiction to try the murder charge. Consequently, the conviction and sentence for murder must be set aside. Regarding sentencing for rape and robbery, the regional magistrate imposed sentences when, under the applicable law at the time, he was not empowered to do so, making those sentences a nullity. The convictions for rape and robbery are upheld, but the sentences are set aside and the matter is…
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