The appellant was tried in the regional court, Bethal, on charges including kidnapping, assault with intent to cause grievous bodily harm, murder, and unlawful possession of a firearm and ammunition, arising from events on 29 September 1998. He pleaded guilty to kidnapping and murder and not guilty to the remaining charges. The regional magistrate convicted him on all counts, relying partly on formal admissions. However, throughout the murder trial the magistrate sat without assessors and failed, prior to plea, to inform the accused of his right under s 93ter(1) of the Magistrates’ Courts Act 32 of 1944 to have two assessors appointed. Only after conviction was the accused informed of this right, whereupon he purported to waive assessors retrospectively. The accused was later sentenced by the High Court to life imprisonment for murder and lesser sentences on the other counts.