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South Africa Case Law

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Criminal Law [2024] ZAKZPHC 123

S v Mkhize (Special Review) (RC552/2024; 15/2024)

S v Mkhize (Special Review) (RC552/2024; 15/2024) [2024] ZAKZPHC 123 (23 December 2024)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
RC552/2024
Judges
Mossop, E Bezuidenhout

The court found that Mr Mkhize was represented at his criminal trial by Mr Kwela, who was suspended from practice and thus not entitled to appear. This constituted a gross irregularity of such fundamental nature that it nullified the entire trial proceedings. The irregularity was not disclosed to either the accused or the magistrate, amounting to deception and undermining the administration of justice. The right to legal representation is constitutionally protected, but only by practitioners in good standing. The court held that public interest and the dictates of justice require the convicti…

Source excerpt

  • Right To Legal Representation
  • Irregularity In Trial
  • Suspended Legal Practitioner
  • Nullification Of Proceedings
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Criminal Law [2024] ZAGPJHC 221

Mdluli v Minister of Justice and Correctional Services and Others (04243-2023)

Mdluli v Minister of Justice and Correctional Services and Others (04243-2023) [2024] ZAGPJHC 221 (4 March 2024)

Court
South Gauteng High Court, Johannesburg
Case number
04243/2023
Judges
TP Mudau, MHE Ismail, D Dosio

The High Court found that the applicant was represented throughout his trial by a person who did not have the right of appearance, constituting a fatal irregularity. This irregularity is so fundamental that it nullifies the entire trial proceedings, as established by precedent. The court rejected pragmatic considerations and held that only properly admitted legal practitioners may represent accused persons in criminal trials. The conviction and sentence were set aside, and the Director of Public Prosecutions was directed to decide whether to institute fresh proceedings. The applicant may not…

Source excerpt

  • Right Of Appearance
  • Irregularity In Trial
  • Nullification Of Proceedings
  • Criminal Review
  • Prejudice To Accused
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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.