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Dlephu v S (CA&R14/2023) [2024] ZAECMHC 32 (17 May 2024)
The High Court set aside a murder conviction and life sentence after finding fatal trial irregularities involving assessors, an unsworn witness, and improper procedure.
S v Anthony (SHF 27/14) [2015] ZAWCHC 30 (20 March 2015)
The magistrate committed a fatal error by failing to administer the oath to a witness called under section 186 of the Criminal Procedure Act. This unsworn evidence was considered in convicting the accused, contaminating the proceedings. The error vitiates not only the evidence of the unsworn witness but the entire proceedings, as the conviction is 'fruit of the poisoned tree.' Justice requires that the proceedings be set aside in their entirety and the matter be tried de novo before a different magistrate, at the discretion of the Director of Public Prosecution.
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