- Flynote
-
Criminal law – practice and procedure – charge of murder –
appointment of assessors in terms of the proviso to s 93ter (1) of the Magistrates’
Courts Act 32 of 1944 not complied with – appellant not afforded opportunity to
elect whether the magistrate should sit with or without assessors – court not
properly constituted – fatal misdirection which vitiates the proceedings.
Loading PDF...
This document is 262.0 KB. Do you want to load it?
Cited documents 5
Judgment 3
Legislation 2
1. | Magistrates' Courts Act, 1944 | 2746 citations |
2. | Superior Courts Act, 2013 | 1696 citations |
Documents citing this one 2
Judgment 2
1. | Director of Public Prosecutions, KwaZulu-Natal v Pillay (706/2022) [2023] ZASCA 105 (23 June 2023) | 3 citations |
2. | Monyapheng v S (CA 08/2023) [2024] ZANWHC 59 (16 February 2024) |