Shange v S (613 of 2016) [2017] ZASCA 51 (2 May 2017)

Criminal procedure – appeal in terms of s 311 of Criminal Procedure Act 51 of 1977 – constitution of trial court in terms of s 93ter(1) of Magistrates’ Courts Act 32 of 1944 –– whether peremptory requirements of s 93ter(1) satisfied – duties of magistrate when accused represented– appeal upheld – conviction and sentence reinstated

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.