S v Manzini
| Jurisdiction | South Africa |
| Judge | Schwartzman J and Tshiqi J |
| Judgment Date | 25 October 2006 |
| Citation | 2007 (2) SACR 107 (W) |
| Docket Number | A1947/04 |
| Hearing Date | 25 October 2006 |
| Counsel | Names of counsel not provided. |
| Court | Witwatersrand Local Division |
Tshiqi J:
The appellant in this matter was convicted and sentenced in the regional magistrates' court, Orlando East, on a count of murder and a count of attempted murder. The appellant appeals against both the convictions and sentences. On a previous E occasion the appeal was postponed sine die to afford counsel an opportunity to submit supplementary heads of argument with regard to the quality of the interpretation during the trial. This preliminary issue could resolve the appeal before us. F
The appellant's trial started before regional magistrate Olivier on 24 June 2002. The proceedings were recorded in English. Because the appellant is Zulu-speaking, the proceedings were interpreted to the appellant by a court-appointed interpreter. The appellant was convicted on 9 October 2002. In the course of giving evidence in mitigation of sentence, regional magistrate G Olivier's attention was drawn to the appellant's complaint that the interpreter had not properly interpreted any of his evidence.
Because of the seriousness of the complaint, the court a quo ordered that the whole record of the proceedings be referred to the court's chief interpreter, who was directed to furnish the court with a report. The appellant's trial was postponed to 13 H November 2002, and then to 21 July 2003.
What happened between these two dates is that regional magistrate Olivier died. On 21 July 2003 the appellant's trial resumed before regional magistrate Nienaber. The chief interpreter's report was handed in. He identified 25 instances of 'erratic I interpretation'. He then said that,
'There are many other such instances that may be...
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2008 index
...337-338S v Manganyin 2007 (2) SACR 617 (T) ................................................. 133-134S v Manzini 2007 (2) SACR 107 (W) ..................................................... 118S v Maqhina 2001 (1) SACR 241 (T) ................................................... 42S v Mavhungu......
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2007 index
...415S v Mantsha 2006 (2) SACR 4 (C) ......................................................... 94-95S v Manzini 2007 (2) SACR 107 (W) ..................................................... 409-411S v Mapasa 1972 (1) SA 524 (E) ........................................................... 91S v M......
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S v Kruse
...dictum at 991B – H applied S v Abrahams 1997 (2) SACR 47 (C): referred to E S v Mafu 1978 (1) SA 454 (C): referred to S v Manzini 2007 (2) SACR 107 (W): referred S v Mbezi 2010 (2) SACR 169 (WCC): approved S v Ndala 1996 (2) SACR 218 (C) ([1996] 3 All SA 65): referred to S v Ngubane 1995 (1......
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S v Kruse
...SACR 384 (T) (1995 (2) SA 811); S v Ndala 1996 (2) SACR 218 (C) ([1996] 3 All SA 65); S v Abrahams 1997 (2) SACR 47 (C); S v Manzini 2007 (2) SACR 107 (W). [7] Section 6(2) of Act 32 of 1944 reads as 'If, in a criminal case, evidence is given in a language with which the accused is not in t......
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S v Kruse
...dictum at 991B – H applied S v Abrahams 1997 (2) SACR 47 (C): referred to E S v Mafu 1978 (1) SA 454 (C): referred to S v Manzini 2007 (2) SACR 107 (W): referred S v Mbezi 2010 (2) SACR 169 (WCC): approved S v Ndala 1996 (2) SACR 218 (C) ([1996] 3 All SA 65): referred to S v Ngubane 1995 (1......
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S v Kruse
...SACR 384 (T) (1995 (2) SA 811); S v Ndala 1996 (2) SACR 218 (C) ([1996] 3 All SA 65); S v Abrahams 1997 (2) SACR 47 (C); S v Manzini 2007 (2) SACR 107 (W). [7] Section 6(2) of Act 32 of 1944 reads as 'If, in a criminal case, evidence is given in a language with which the accused is not in t......
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2008 index
...337-338S v Manganyin 2007 (2) SACR 617 (T) ................................................. 133-134S v Manzini 2007 (2) SACR 107 (W) ..................................................... 118S v Maqhina 2001 (1) SACR 241 (T) ................................................... 42S v Mavhungu......
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2007 index
...415S v Mantsha 2006 (2) SACR 4 (C) ......................................................... 94-95S v Manzini 2007 (2) SACR 107 (W) ..................................................... 409-411S v Mapasa 1972 (1) SA 524 (E) ........................................................... 91S v M......
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Recent Case: Evidence
...function that the interpreter plays and the implications of inadequate interpretation of evidence during the trial — S v Manzini 2007 (2) SACR 107 (W) and S v Maponda 2007 (2) SACR 245 (C).In S v Manzini the appellant was convicted of murder and attempted murder. The proceedings were conduc......
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Recent Case: Criminal procedure
...the proceedings must be interpreted into that language. This is recognised in terms of s 35(3)(k) of the Constitution. In S v Manzini 2007 (2) SACR 107 (W) the accused had been convicted of murder in the regional court. During the trial he complained that his testimony was not being accurat......