ABSTRACT

It is a general rule that every violation of a right must be followed by prompt and adequate remedial action. Breach of language fair trial rights may warrant nullification of the proceedings in cases where the accused person did not understand what went on during the trial at all; the trial may be conducted afresh; all or part of the evidence affected may be expunged from the record; or the record may be rectified, depending on the circumstances of the particular case. It is imperative for a person seeking a remedy to demonstrate prejudice. Defects that do not impact on the course of justice are disregarded.