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
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Criminal Law [2024] ZAKZPHC 123

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…

  • Right To Legal Representation
  • Irregularity In Trial
  • Suspended Legal Practitioner
  • Nullification Of 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.