as Introduction The Constitution guarantees the right of everyone who is detained (including every sentenced prisoner), to choose, to consult with a legal practitioner, and to be informed of this right promptly. Furthermore, everyone has the right to have a legal practitioner assigned to him or her at State expense, if substantial injustice would otherwise result (section 36 (2) (b) and (c) of the Constitution). This right is also given to accused persons as part of their right to a fair trial (section 35 (3) (c) and (a) of the Constitution). Such a person also has the right to have adequate time and facilities to prepare a defence (section 35 (3) (b) of the Constitution), An accused must be given a reasonable opportunity to obtain legal assistance (section 73 (2B) CPA). Chapter 11 of the CPA deals in greater detail with legal and other forms of assistance to an accused. At whal slage must represented by a legal representative o Hoga B10? oases ssrcsssistesteesees { An accused must be informed of this right & (i) at the time of his arrest; [1] (ii) when he or she is served with a summons; ;*! (iii) when a written notice to appear in court is handed to him or her; [1] (iv) at his first court appearance. [| (Section 73 (2A) CPA) The accused's right to legal representation should also be explained at the pre-trial investigatory procedures, such as a pointing out {1} (See $ v Mathebula and Another 1997 (1) SACR 10 (W)). r acai t i.Once the client has placed his case in the hands of his legal representative, the latter has complete control and it is he who must decide whether a particular witness, including the client, is to be called or not (Rv Mantonsi 1958 (2) SA 450 (A)) ||. The rule that an accused is bound by what his counsel does is not an inflexible one (S$ v Louw 1990 (3) SA 116 (A)). An accused has a right to effective legal representation (S v Halgryn 2002 2 SACR 211 (SCA) . A legal representative must act in the best interests of his client . The legal representative must: (a) place himself in a position to present his client's case as instructed; (b) make himself familiar with the defence of the accused; | (c)- put his defence in full to the State witnesses; and {| (d) challenge and cross-examine the State witnesses. {| Failure to do so constitutes a gross irregularity, as a result of which the proceedings may be set aside (See Mafu and Others v S [2008] 2 All SA 657 (W)) | 1). The right to effective legal representation does not end when the trial court pronounces its sentence — it includes review and appeal proceedings ['}. A legal representative may not distance himself from his client's case and condemn his client by making fatal concessions when arguing an appeal [1]. (See S v Mofokeng 2004 (1) SACR 349 (W)). Is an a sect entitied fo be leqally rapresantac idler inn paracie: : { There are conflicting decisions on this issue. Read the following judgments. You must also form your own opinion and give reasons for that opinion! (i) Sv Mhlakaza en Andere 1996 (2) SACR 187 (C); (ji) $v Mphala and Another 1998 (1) SACR 654 (W); iid’ Hobie | (ili) S v Monyane and Others 2001 (1) SACR 115 (T); and (iv) Sv Thapedi 2002 (1) SACR 598 (T). For the answer to this, read the judgment S v Vermaas; S v Du Plessis 1995 (7) BCLR 851 (CC) at par [15]. Further reading S v Ntuli 2003 (1) SACR 613 (W) (duty of legal representative in appeal) S v Nolovu; S v Sibisi 2005 (2) SACR 645 (W) (explanation of accused's rights)