Kotole v S (CA&R35/22) [2022] ZANCHC 41 (12 August 2022)

Kotole v S (CA&R35/22) [2022] ZANCHC 41 (12 August 2022)

The court found that the interpreter engaged during the trial-within-a-trial was not competent, resulting in the accused being prejudiced and substantively deprived of her right to a fair trial. This constituted a gross irregularity in terms of section 22 of the Superior Courts Act. The proceedings from the date of plea to the date of referral for review were therefore set aside, and the matter was ordered to commence de novo before a different judicial officer.

Citation
[2022] ZANCHC 41
Parties
Applicant: Sarah Kotole; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
12 August 2022
Case Number
CA&R 35/22
Procedural Posture
Special Review / Pre Conviction
Outcome
Proceedings set aside due to gross irregularity; matter to commence de novo before a different judicial officer.
Judges
Tlaletsi, Lever
Legal Topics
Right to Fair Trial, Competent Interpreter, Gross Irregularity, Criminal Review
Criminal Law Civil Procedure Right to Fair Trial Competent Interpreter Gross Irregularity Criminal Review

Case Brief

Summary, issues, holding and outcome

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Parties

Sarah Kotole

Applicant

The State

Respondent

Procedural Posture

Special Review / Pre Conviction

Legal Issues

  1. 1 Whether the failure to provide a competent interpreter constituted a gross irregularity in the proceedings.
  2. 2 Whether the accused was prejudiced and deprived of her right to a fair trial due to interpretation errors.
  3. 3 Whether the proceedings should be set aside and commenced de novo before a different judicial officer.

Ratio Decidendi

The court found that the interpreter engaged during the trial-within-a-trial was not competent, resulting in the accused being prejudiced and substantively deprived of her right to a fair trial. This constituted a gross irregularity in terms of section 22 of the Superior Courts Act. The proceedings from the date of plea to the date of referral for review were therefore set aside, and the matter was ordered to commence de novo before a different judicial officer.

Court Disposition

Proceedings set aside due to gross irregularity; matter to commence de novo before a different judicial officer.

Orders

  • The proceedings from the date of the plea to the date of referral for review are set aside.
  • The proceedings are to commence de novo before a different judicial officer.