Zulu v S (AR 319/2021)
Zulu v S (AR 319/2021) [2022] ZAKZPHC 20 (13 May 2022)
The court found that the failure to explain and apply section 93ter of the Magistrate's Court Act regarding assessors constituted a fatal irregularity. The appellant was excluded from the process of electing assessors on three separate occasions, and the record did not reflect any explanation or election by the appellant. This exclusion violated the appellant's right to a properly constituted court and a fair trial. The irregularities in the handling of the application for leave to appeal and condonation further undermined the integrity of the proceedings. The court held that these irregulari…
Source excerpt
- Constitution Of Trial Court
- Right To Assessors
- Failure Of Justice
- Minimum Sentence
- Leave To Appeal
- Condonation