Professional incompetence voluntariness and the right to a fair trial
Journal Article
2014
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Journal Title
South African Journal of Criminal Justice
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Volume Title
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Publisher
University of Cape Town
Department
Faculty
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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.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?
Description
Reference:
Schwikkard, P. J. (2014). Professional incompetence, voluntariness and the right to a fair trial. S. Afr. J. Crim. Just., 27, 293.