The Constitutional Court recently set aside the conviction and sentence of obstetrician and gynaecologist, Dr Danie van der Walt, who had been found guilty of culpable homicide and sentenced to five years in jail.
Justice Mbuyiseli Madlanga said Dr Van der Walt’s conviction is not set aside on the merits.
“That is, it is not set aside on the basis that the applicant’s guilt was not proved beyond a reasonable doubt. It is set aside on the basis that the Regional Magistrate committed irregularities whose nature was such that the applicant’s fair trial right was infringed. A conviction, under those circumstances, cannot stand,” he said.
Read more in our next edition on Friday, July 31.
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