The three appellants were convicted in the magistrate’s court at Cofimvaba in the former Transkei of theft under s 132 of the Transkei Penal Code and sentenced to four months’ imprisonment each. They were unrepresented during trial. After conviction, they brought review proceedings alleging several irregularities, primarily that the magistrate failed to inform them of their right to legal representation, including the right to apply for assistance from the Legal Aid Board. The court a quo refused to set aside the convictions but granted leave to appeal. The evidence showed that the alleged theft arose from a dispute over ownership of land on which green mealies and pumpkins were harvested. The appellants claimed the land belonged to their late father and that they believed they were lawfully entitled to reap the crops. They were semi‑literate or illiterate and conducted unfocused cross‑examination without properly articulating their defence.