JOHANNESBURG - An accused person who chooses to represent themselves can not expect the court to play the role of their attorney.
These are the words of legal expert Ayanda Gwabeni, who explains how courts remain neutral in the matter .
Gwabeni's comments come after Bafana Mahungela was convicted for the murder of Kirsten Kluyts.
The pregnant teacher's body was discovered after a run at the George Lea Park in Sandton back in 2023.
In the Johannesburg High Court on Friday, Mahungela questioned whether his rights had been adequately protected during the trial.
He told the court how he chose to represent himself under the "care" of the court, but now questions that processes after he was found guilty of all charges.
The 23-year-old was found guilty of kidnapping, robbery with aggravating circumstances, murder, and attempted rape.
The post-mortem revealed that Kluyts died from blunt force trauma to the head and strangulation.
Kluyts was 14 weeks pregnant at the time of her murder.
Gwabeni said the courts roles are limited in such instances. He explained how the court cannot cross-examine witnesses for the accused and that their duty remains to guard against unfairness.
"The court is neutral in the matter. The only duty of the court is to guard against unfairness, it cannot go further than that," he said.
Gwabeni said all accused persons are given three options when it comes to representation in court.
"They are advised they can hire a private attorney of their choosing, use the state-provided services through Legal Aid or they can represent themselves."
He said that while it is not advisable for anyone to represent themselves in these kinds of matters, the court can not force anyone to take legal representation.
"The law is acquired over time. An attorney is expected to have skill an ordinary member of the public may not have. They also have the know-how that ordinary members of the public may not have.
"Accused persons cannot rely on the court to do the job of an attorney on their behalf."
Sentencing proceedings have been set for 27 October.