1887

n South African Journal of Criminal Justice - Professional incompetence, voluntariness and the right to a fair trial

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Abstract

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 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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/content/ju_sajcj/27/3/EJC167887
2014-01-01
2016-12-08
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