Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Criminal Law [2022] ZAKZPHC 8

Hlatshwayo and Another v S (AR 354/20)

Hlatshwayo and Another v S (AR 354/20) [2022] ZAKZPHC 8 (28 March 2022)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR 354/20
Judges
Bezuidenhout, Ploos van Amstel

The trial court failed to properly constitute itself in accordance with section 93ter of the Magistrate's Court Act. The record does not show that the accused were informed of their right to have assessors or that they made a positive, informed request to proceed without assessors. The statutory requirements demand a clear explanation and a recorded, knowledgeable waiver of the right to assessors. The absence of such explanation and request constitutes a fatal irregularity, rendering the trial court improperly constituted. Consequently, the convictions and sentences cannot stand and must be s…

Source excerpt

  • Murder Trial
  • Constitution Of Court
  • Section 93ter Magistrates Court Act
  • Waiver Of Rights
  • Proper Explanation Of Rights
Read case analysis
Criminal Law [2012] ZAECGHC 7

S v Ralo (CA&R 39/2012)

S v Ralo (CA&R 39/2012) [2012] ZAECGHC 7 (16 February 2012)

Court
Eastern Cape High Court, Grahamstown
Case number
CA&R 39/2012
Judges
G Goosen, JD Pickering

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
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.