S v Ralo (CA&R 39/2012)
S v Ralo (CA&R 39/2012) [2012] ZAECGHC 7 (16 February 2012)
The court held that the review was premature because the alleged irregularity regarding the accused's election to proceed without assessors under section 93ter of the Magistrate's Court Act could not be determined on the record as it stood. There was a dispute of fact as to whether the accused was properly advised and whether a valid election was made. The court emphasized that intervention in uncompleted proceedings is reserved for rare and exceptional circumstances, and that the irregularity must be clearly established either on the record or by affidavit. Since the nature and existence of…
Source excerpt
- Composition Of Court
- Appointment Of Assessors
- Section 93ter Magistrates Court Act
- Review Of Uncompleted Proceedings