oa Advocate - Contempt and the Bench

Volume 4, Issue 1
  • ISSN : 1012-8743



Tyebela 1989 2 SA 22 (A) is perhaps one of the most poignant reported instances of unjudicial behaviour by a presiding judicial officer vis-a-vis an accused (who by his own choice was unrepresented). The appeal judgment is peppered with a plethora of strictures turning on the presiding officer's conduct of the trial (the Judge's 'attitude of hostility' 29F; 'unfortunate [remarks], 31C; 'very brief and sarcastic remarks by the trial Judge:' 31 F; 'unjudicial language ... hostile to the appellant'

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