The State v Luthando Tyali

The accused, Luthando Tyali, was arraigned in the Regional Court, Mthatha, on charges of murder and attempted murder, with the murder charge attracting the application of the Criminal Law Amendment Act 105 of 1997. At the commencement of the trial on 15 November 2023, the accused indicated that he required assessors, and two assessors were duly appointed in terms of section 93ter of the Magistrates’ Courts Act 32 of 1944. Evidence was led with assessors present, and the matter was adjourned. When proceedings resumed on 24 January 2024, the trial continued and expert evidence was led in the absence of the assessors. The record did not reflect that the accused or his legal representative was informed of the absence of the assessors or that consent was obtained to proceed without them. The Regional Magistrate referred the matter on special review, seeking nullification of the proceedings of 24 January 2024.

The proceedings of 24 January 2024 were set aside, and the matter was remitted to the Regional Court for hearing before a different magistrate.

The case reaffirms the mandatory nature of section 93ter of the Magistrates’ Courts Act in regional court murder trials and underscores that failure to comply with the requirement to sit with assessors renders the proceedings a nullity. It reinforces appellate and review jurisprudence on the proper constitution of criminal courts and procedural fairness in serious criminal trials.