Jennifer Thompson's memory had failed her, resulting in a substantial injustice.
2.
The new Constitution says the state must provide counsel when " substantial injustice would otherwise result ."
3.
The likelihood of imprisonment without the option of a fine, for example, would probably be considered substantial injustice.
4.
There is no exact meaning to the term " substantial injustice . " It depends on the circumstances of each case.
5.
The court noted that the Constitution entitled accused persons to legal representation at State expense if substantial injustice would otherwise result.
6.
The Board was required to determine whether a refusal to grant legal representation would result in substantial injustice to the applicant.
7.
If the accused cannot afford a lawyer, he is entitled to have a lawyer assigned by State at the State's expense, but only if substantial injustice would otherwise result.
8.
The Board was therefore entitled to conclude that a refusal to provide representation would not result in substantial injustice, especially when it was borne in mind that the Board's primary source of funds was the public purse, upon which there was substantial demand.
9.
In Ex parte Harmse, the court held that the failure is a formal defect or irregularity, as envisaged by section 157 ( 1 ), and therefore does not invalidate the application unless it has caused a substantial injustice which cannot be remedied by a court order.
10.
The starting point is section 157 ( 1 ), which provides that nothing done under the Act will be invalid by reason of a formal defect or irregularity, unless a substantial injustice has been thereby done, which in the opinion of the court cannot be remedied by any order of the court . The effect of this is the following:
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