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South Africa decisions
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S v Borias (41/01927/2010) [2013] ZAGPJHC 13 (4 February 2013)
The High Court set aside a criminal trial because the accused had been represented by a person not duly admitted as an attorney, and remitted the matter for a fresh hearing.
S v Mhlanga and Others (A314/10) [2010] ZAGPPHC 33 (29 April 2010)
The court held that representation by an unqualified person in a criminal trial constitutes a fundamental irregularity that taints the entire proceedings. It is not feasible to separate the impact on individual accused, as the integrity of the trial is compromised for all. The public interest and the need to safeguard the administration of justice require that the entire proceedings be set aside, regardless of whether some accused were properly represented. This approach is consistent with precedent and ensures that the rights of all accused are protected.
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