BathiniMshumayeli a 23 year old South African has been arrested for murder which he claims he has no knowledge of. He is always with his twin brother Banako Mshumayeli which the SAPS is looking for and cannot find at present. He comes to you as an attorney to provide instructions to you in respect of him requesting you to represent him in the trial as he is out of bail of R5000,00 as he says it. However, he indicates to you during the consultation that the SAPS has also arrested James Mculo old who is a 16 year from the same area of residence in Eziphunzana in johannesburg for the same crime and they say that they have committed the crime together.

Please advice him on the fundamental trial principles, and when answering please consider the Prosecutions case and that of the defence in this respect. (if there would be application in terms of section 174 please do assist in elaborating on it if there are those chances in his case).

NB: the fundamental trial principles should be based on the following:

1. The fair trial principle
2. The principle of legality
3. The principle of judicial impartiality
4. The principle of equality of arms
5. The principle of judicial control
6. The principle of orality
7. the principle of finality