Browsing by Subject "fair trial"

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    Professional incompetence voluntariness and the right to a fair trial
    (2014) Schwikkard, P J
    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.1 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?