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South Africa decisions
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S v Bokaba (A869.2015) [2015] ZAGPPHC 892 (26 November 2015)
The High Court set aside regional court proceedings after finding the accused had been represented by an unadmitted attorney, a fatal irregularity.
S v Segoe and Others (A144/15) [2015] ZAGPPHC 104 (5 March 2015)
High Court special review of a criminal trial where an accused was represented by a suspended attorney. The proceedings on 19 and 20 June 2014 were set aside.
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.
Naidoo v Pandaram (AR 462/09) [2009] ZAKZPHC 63 (23 November 2009)
The magistrate erred in refusing the appellant's attorney the right of audience, resulting in the appellant being absent for purposes of rescission and default judgment. The appellant was entitled to rely on his attorney for representation, and the absence of a formal notice of appointment did not justify denial of representation. The appellant provided a satisfactory explanation for his default, and the defences raised were valid and bona fide. The magistrate's decision to grant default judgment without evidence on quantum was also questionable, but the appeal succeeded on the primary ground…
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