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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 21 : Trial before Superior Court

147. Death or incapacity of assessor


(1) If an assessor dies or, in the opinion of the presiding judge, becomes unable to act as assessor at any time during a trial, the presiding judge may direct—
(a) that the trial proceed before the remaining member or members of the court; or
(b) that the trial start de novo, and for that purpose summon an assessor in the place of the assessor who has died or has become unable to act as assessor.


(2) Where the presiding judge acts under subsection (1)(b), the plea already recorded shall stand.