n South African Journal of Criminal Justice - Professional incompetence, voluntariness and the right to a fair trial
|Article Title||Professional incompetence, voluntariness and the right to a fair trial|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Affiliations||1 University of Cape Town|
|Publication Date||Jan 2014|
|Pages||293 - 305|
It is obvious that the right to legal representation, guaranteed in s 35 of the Constitution of the Republic of South Africa must include competent legal representation. The right to legal representation is traditionally viewed as a pre-requisite for the protection of the privilege against self-incrimination. If this line of reasoning is pursued it follows that competent legal representation is required to uphold the privilege against self-incrimination. But the following questions arise : how does a court determine incompetence and when will incompetence render a trial unfair?
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