Mntambo v S (478/2020) [2021] ZASCA 17 (11 March 2021)

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.