South Africa Case Law

Mncwabe v S (Appeal) (AR 119/22)

Mncwabe v S (Appeal) (AR 119/22) [2023] ZAKZDHC 32 (5 June 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

AR 119/22

Judges

Hiralall, Chetty

The court found that the issue of assessors was properly addressed on three occasions, with the appellant's legal representatives waiving the appointment of assessors in his presence and after consultation. Following the reasoning in Ngomane v S and Charles Green v S, the court held that when an accused is legally represented, there is no overriding duty on the magistrate to explain in detail the right to assessors, and it may be assumed that the legal representative has competently advised the accused. On the merits, the court found no reason to interfere with the trial court's credibility f…

Source excerpt

• Murder
• Assault With Intent To Do Grievous Bodily Harm
• Magistrates Court Act Section 93ter
• Waiver Of Right To Assessors
• Credibility Of Witnesses

Nxumalo v S (AR263/2019 RC51/2013)

Nxumalo v S (AR263/2019 RC51/2013) [2022] ZAKZDHC 23 (10 February 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

AR263/2019 RC51/2013

Judges

Lopes, Ploos van Amstel

The High Court set aside a murder conviction and 15-year sentence because the accused was not personally informed of, or shown to have waived, his right to assessors.

• Magistrates Court Act Section 93ter
• Constitution Of Criminal Court
• Waiver Of Right To Assessors
• Criminal Procedure Act Section 304
• Murder Trial Procedure
• Criminal-procedure