- Flynote
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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.
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Cited documents 5
Judgment 3
- Gayiya v S (1018/2015) [2016] ZASCA 65 (19 May 2016)
- Mulaudzi v Old Mutual Life Insurance Company (South Africa) Limited and Others, National Director of Public Prosecutions and Another v Mulaudzi (210 of 2015; 98 of 2016) [2017] ZASCA 88 (6 June 2017)
- Shange v S (613 of 2016) [2017] ZASCA 51 (2 May 2017)