South Africa Case Law

Director of Public Prosecutions, KwaZulu-Natal v Pillay (706/2022)

Director of Public Prosecutions, KwaZulu-Natal v Pillay (706/2022) [2023] ZASCA 105; 2023 (2) SACR 254 (SCA); [2023] 3 All SA 613 (SCA) (23 June 2023)

Court

Supreme Court of Appeal

Case number

706/2022

Judges

Dambuza, Schippers, Mothle, Matojane, Goosen

The Supreme Court of Appeal held that section 93ter(1) of the Magistrates' Courts Act requires that, in murder trials, the accused must be informed of the provision and may request that the trial proceed without assessors. Where the accused is legally represented, a formal request by the legal representative suffices to meet the statutory requirement. The record in this case showed that both the accused and their legal representative were advised of the use of assessors, understood the advice, and confirmed that no assessors were required. The trial magistrate further confirmed this before th…

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• Constitution Of Trial Court
• Murder Trial
• Role Of Assessors
• Statutory Interpretation
• Waiver Of Rights

S v Makari (CA&R 232/2003)

S v Makari (CA&R 232/2003) [2007] ZANCHC 28 (30 April 2007)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 232/2003

Judges

C J Olivier, C C Williams

The appeal succeeded because the trial in the regional court was fatally irregular. The appellant was not afforded a fair trial due to the failure to appoint assessors as required by section 93ter(1) of the Magistrates' Courts Act, the improper administration of oaths and warnings to witnesses in contravention of sections 162-164 of the Criminal Procedure Act, and the denial of the appellant's rights regarding the admissibility of his warning statement. These irregularities were compounded by the fact that the appellant was unrepresented and not properly informed of his rights. The cumulative…

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• Fair Trial Rights
• Condonation Of Late Appeal
• Admissibility Of Evidence
• Role Of Assessors
• Confession And Warning Statements

S v Jaipal (CCT21/04)

S v Jaipal (CCT21/04) [2005] ZACC 1; 2005 (4) SA 581 (CC); 2005 (5) BCLR 423 (CC); 2005 (1) SACR 215 (CC) (18 February 2005)

Court

Constitutional Court

Case number

CCT21/04

Judges

Van der Westhuizen, Langa, Madala, Mokgoro, Moseneke, Ngcobo, O'Regan, Sachs, Skweyiya, Yacoob

The Constitutional Court held that while the presence of the prosecutor, investigating officer, and state witness in the office occupied by assessors during trial proceedings was undesirable, unfortunate, and constituted an irregularity, it did not result in a failure of justice or render the trial unfair in the circumstances of this case. The explanation for the situation was given openly in court, and there was no evidence of actual bias or improper discussion of the case. The applicant did not request recusal of the assessors, and the conduct of counsel indicated acceptance of the situatio…

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• Fair Trial Rights
• Judicial Bias
• Role Of Assessors
• Criminal Procedure Act
• Recusal
• Public Perception Of Justice

S v Botha (318/03)

S v Botha (318/03) [2004] ZASCA 51; 2006 (2) SACR 110 (SCA) (28 May 2004)

Court

Supreme Court of Appeal

Case number

318/03

Judges

Harms, Nugent, Ponnan

The appeal against sentence failed. The court held that consulting assessors on sentence was not irregular, but parole recommendations by judges are undesirable.

• Role Of Assessors
• Sentencing Irregularity
• Parole Recommendation
• Criminal Procedure Act
• Judicial Discretion
• Criminal-procedure

Media Workers Association of South Africa and Others v Press Corporation of South Africa Ltd. (Perskor) (33/91)

Media Workers Association of South Africa and Others v Press Corporation of South Africa Ltd. (Perskor) (33/91) [1992] ZASCA 149; 1992 (4) SA 791 (AD); [1992] 2 All SA 453 (A); (1992) 13 ILJ 1391 (A) (17 September 1992)

Court

Supreme Court of Appeal

Case number

33/91

Judges

Botha, EM Grosskopf, Goldstone, Krieger, Harms

The court held that Labour Appeal Court assessors must join in deciding whether proven facts amount to an unfair labour practice, and remitted the matter.

• Unfair Labour Practice
• Role Of Assessors
• Judicial Discretion
• Remittal Of Case
• Unfair-labour-practice
• Labour-appeals