Bakos v S (5/5376/07)
Bakos v S (5/5376/07) [2009] ZAGPJHC 69; 2010 (1) SACR 523 (GSJ) (1 December 2009)
The Magistrate failed to appreciate the distinction between the accused's refusal to testify under oath due to religious beliefs and an election to remain silent. The accused expressed a clear intention to testify but not under oath, which should have triggered the application of section 163 of the Criminal Procedure Act, allowing testimony under affirmation. The Magistrate's failure to conduct the necessary enquiry and permit affirmation constituted a procedural irregularity and denied the accused his constitutional right to a fair trial. This irregularity vitiated the proceedings, rendering…
Source excerpt
- Witness Oath And Affirmation
- Procedural Irregularity
- Right To Fair Trial
- Constitutional Right To Silence