Matela and Others v Registrar of the High Court and Others (C of A (CRI) 14 of 89) [1995] LSCA 106 (28 July 1995)
The appeal is postponed because portions of the record relevant to the guilt or innocence of the appellants are missing and must be reconstructed before the appeal can be heard.
Source-derived case information.
- Citation
- [1995] LSCA 106
- Parties
- Appellant: Moseti Matela; Appellant: Sobi Mokhele; Appellant: Thabiso Morake; Respondent: Registrar of the High Court; Respondent: The Crown; Respondent: The Commissioner of Police; Respondent: Attorney-General
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Case Number
- C of A (CRI) 14 of 89
- Procedural Posture
- Criminal Appeal / Interlocutory (postponement of Appeal)
- Outcome
- appeal postponed
- Legal Topics
- Missing Court Record, Postponement of Appeal, Reconstruction of Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moseti Matela
Appellant
Sobi Mokhele
Appellant
Thabiso Morake
Appellant
Registrar of the High Court
Respondent
The Crown
Respondent
The Commissioner of Police
Respondent
Attorney-General
Respondent
Procedural Posture
Criminal Appeal / Interlocutory (postponement of Appeal)
Legal Issues
- 1 Whether the appeal can proceed in the absence of a complete record
- 2 Responsibility for reconstructing missing portions of the record
- 3 Requirement to file heads of argument
Ratio Decidendi
The appeal is postponed because portions of the record relevant to the guilt or innocence of the appellants are missing and must be reconstructed before the appeal can be heard.
Court Disposition
appeal postponed
Orders
- The appeal is postponed to the next Session of the Court of Appeal.
- Counsel for the Appellant and for the Crown are to cooperate with the Registrar to reconstruct missing portions of the record.
Full Case Text
Judgment text and source record
1 paragraphs
C of A (CRI) No. 14/89 IN THE LESOTHO COURT OF APPEAL In the matter of: MOSETI MATELA SOBI MOKHELE THABISO MORAKE AND REGISTRAR OF THE HIGH COURT THE CROWN THE COMMISSIONER OF POLICE ATTORNEY-GENERAL 1ST APPELLANT 2ND APPELLANT 3RD APPELLANT 1ST RESPONDENT 2ND RESPONDENT 3RD RESPONDENT 4TH RESPONDENT Held at: MASERU CORAM: STEYN JA, BROWDE JA, LEON JA. STEYN JA: JUDGMENT The Court makes the following order: /. . . (1) The appeal is postponed to the next Session of the Court of Appeal - hopefully to be held in October, 1995. (2) Counsel for the Appellant and for the Crown are to co-operate with the Registrar in order to ensure that every attempt is made to reconstruct those portions of the record that are missing. (3) Whilst there is evidence before the Court concern- ing the fact that portions of the record relevant to the guilt or innocence of the Appellants are missing and cannot be transcribed, there is no explanation before us as to why the record of the proceedings and the Judgment relevant to sentence have not been transcribed and why such record has not been placed before us. Every effort must be made by the parties identified above to ensure that such record is placed before the Court timeously either in its original or reconstructed form. (4) Full heads of argument are to be filed timeously for the hearing of the appeal at the next Session of this Court. J. H. STEYN JUDGE OF APPEAL I agree I agree J. BROWDE JUDGE OF APPEAL R. N. LEON JUDGE OF APPEAL Delivered on the 28th day of July, 1995.