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South Africa Case Law

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Criminal Law [2021] ZAWCHC 181

S v Kwaza and Others (SS68/2018)

S v Kwaza and Others (SS68/2018) [2021] ZAWCHC 181; [2021] 4 All SA 906 (WCC); 2022 (1) SACR 64 (WCC) (9 September 2021)

The High Court granted defence counsel leave to withdraw after repeated delays, dishonest explanations, and double-booking, and referred the matter to the Legal Practice Council.

  • Unreasonable Delay In Criminal Proceedings
  • Withdrawal Of Counsel
  • Section 342a Criminal Procedure Act
  • Professional Misconduct
  • Wasted Costs
  • Legal Aid Representation
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Criminal Law [2020] ZAKZPHC 53

Botes v S (AR321/2019)

Botes v S (AR321/2019) [2020] ZAKZPHC 53 (11 September 2020)

The court found that the trial magistrate's failure to safeguard the appellant's right to legal representation, both by permitting his attorney to withdraw without proper enquiry and by refusing a reasonable postponement for the appellant to secure alternative representation, constituted a material irregularity. The subsequent lack of competent representation, including the failure to effectively cross-examine key witnesses, further prejudiced the appellant's right to a fair trial. The court held that these breaches of constitutional rights were sufficiently serious to vitiate the convictions…

  • Right To Legal Representation
  • Fair Trial
  • Section 35 Constitution
  • Material Irregularity
  • Competent Defence
  • Withdrawal Of Counsel
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