Implementation of the Geneva Conventions Act, 2012 (Act No. 8 of 2012)Chapter 4 : Legal Proceedings10. Legal representation |
| 1) |
| a) | Subject to subsections (2) and (3), the court before which a person is brought for trial for an offence contemplated in section 5(1), (3) or (4) may not proceed with the trial unless- |
| i) | the accused person is represented by a legal practitioner who is qualified to appear before the court; and |
| ii) | the court is satisfied that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the legal practitioner who is representing the accused. |
| b) | If the court adjourns the trial for the purposes of enabling the requirements of this subsection to be complied with, then, notwithstanding anything to the contrary in any other law, the court may remand the accused person in custody for the period of the adjournment |
| 2) | Every person contemplated in subsection (1) has the right to legal representation of his or her own choice at his or her own expense, or to be assigned a legal practitioner at state expense when he or she is to appear or to be tried by a court. |
| 3) | Where the accused person is a protected prisoner of war and in the absence of a legal practitioner accepted by the accused as representing him or her, a legal practitioner instructed by or on behalf of the protecting power must, without prejudice to the requirements of subsection (1)(a)(ii), be regarded for the purposes of that subsection as representing the accused person. |
| 4) | Where the court adjourns a trial in terms of subsection (1) by reason that the accused person is not represented by a legal practitioner, the court must direct that a legal practitioner be assigned to watch over the interests of the accused person at any further proceedings, in the absence of a legal practitioner accepted by the accused as representing him or her or instructed in accordance with subsection (3), and a legal practitioner assigned in terms of this subsection must, without prejudice to the requirements of subsection (1)(a)(ii), be regarded for the purposes of that subsection as representing the accused person. |
| 5) | The Legal Aid Act, 1969 (Act No. 22 of 1969), subject to the changes required by the context, applies in relation to the manner in which a legal practitioner is to be assigned to an accused person in terms of this section and in relation to the remuneration to be paid to such legal practitioner on the completion of his or her duties. |