Mokone and Another v S (A15/2022)
Mokone and Another v S (A15/2022) [2024] ZAGPPHC 418; 2024 (2) SACR 175 (GP) (6 May 2024)
The court found that a conflict of interest arose when both appellants were represented by the same legal practitioner, and appellant 1 implicated appellant 2 in his testimony. This conflict rendered appellant 2's representation illusory, as his version was not put to the state witness or to appellant 1, and basic steps such as cross-examination were not taken. The irregularity resulted in a failure of justice and an unfair trial for appellant 2, requiring his convictions and sentences to be set aside. The conflict did not materially prejudice appellant 1, as his version was put to the state…
Source excerpt
- Conflict Of Interest
- Legal Representation
- Fair Trial Rights
- Rape
- Section 35 Constitution
- Section 322 Criminal Procedure Act