S v Mkhize (Special Review) (RC552/2024; 15/2024)
S v Mkhize (Special Review) (RC552/2024; 15/2024) [2024] ZAKZPHC 123 (23 December 2024)
The court found that Mr Mkhize was represented at his criminal trial by Mr Kwela, who was suspended from practice and thus not entitled to appear. This constituted a gross irregularity of such fundamental nature that it nullified the entire trial proceedings. The irregularity was not disclosed to either the accused or the magistrate, amounting to deception and undermining the administration of justice. The right to legal representation is constitutionally protected, but only by practitioners in good standing. The court held that public interest and the dictates of justice require the convicti…
Source excerpt
- Right To Legal Representation
- Irregularity In Trial
- Suspended Legal Practitioner
- Nullification Of Proceedings