S v Mbuyisa (2018/6)
S v Mbuyisa (2018/6) [2018] ZAGPJHC 421; 2018 (2) SACR 691 (GJ) (21 May 2018)
The court held that the accused's representation by Ms Mpitso, who had been struck off the Roll of Advocates, constituted a material irregularity that vitiated the entire proceedings. The jurisprudence across several divisions of the High Court consistently supports setting aside proceedings where an unlicensed person appears for the accused. The court rejected the pragmatic approach adopted in S v Chukwu, emphasizing that the integrity of the legal system depends on representation by properly licensed officers of the court. The proceedings were set aside in their entirety, and directions wer…
Source excerpt
- Right Of Audience
- Irregularity In Proceedings
- Malicious Injury To Property
- Unlicensed Possession Of Firearm
- Unlicensed Possession Of Ammunition