Court was not properly constituted so convicted murderer walks free 11 March 2021 - 13:53 The failure by a regional court magistrate to advise a murder accused that he was entitled to decide if the court should sit with two assessors meant the court was not properly constituted. Stock photo. Image: 123RF/EVGENYI LASTOCHKIN A man who has been in jail for more than eight years after being convicted of murder has had his conviction and sentence set aside by the Supreme Court of Appeal (SCA). The court took this decision after it agreed with Edward Mntambo that when he was charged in court with murder, he was not afforded an opportunity — as provided for in law — to choose whether the magistrate should sit with or without assessors.