Mjoki v S (CA&R 39/2019) [2020] ZAECMHC 20 (17 June 2020)

Mjoki v S (CA&R 39/2019) [2020] ZAECMHC 20 (17 June 2020)

The appellant failed to comply with the court's previous order to include the exhibits in the appeal record, which are central to the determination of the appeal. No condonation application was made for this failure, and the court cannot condone non-compliance with its orders, as this undermines the rule of law and the authority of the courts. The responsibility for ensuring the record is complete rests with the appellant and their legal representatives. In the absence of the required exhibits, the appeal cannot be properly considered and must be struck off the roll until a complete record is filed.

Citation
[2020] ZAECMHC 20
Parties
Appellant: Siphosethu Mjoki; Respondent: The State
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
17 June 2020
Case Number
CA&R 39/2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal struck off the roll due to incomplete record and non-compliance with court order.
Judges
M.S. Dunywa, Tokota
Legal Topics
Appeal Record Completeness, Admission of Medical Evidence, Failure to Comply With Court Order
Criminal Law Civil Procedure Appeal Record Completeness Admission of Medical Evidence Failure to Comply With Court Order

Case Brief

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Parties

Siphosethu Mjoki

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appeal can be heard in the absence of the exhibits ordered to be included in the record.
  2. 2 Whether the appellant complied with the court's previous order to amplify the record with exhibits.
  3. 3 Whether the admission of the J88 medical reports complied with section 212 of the Criminal Procedure Act.

Ratio Decidendi

The appellant failed to comply with the court's previous order to include the exhibits in the appeal record, which are central to the determination of the appeal. No condonation application was made for this failure, and the court cannot condone non-compliance with its orders, as this undermines the rule of law and the authority of the courts. The responsibility for ensuring the record is complete rests with the appellant and their legal representatives. In the absence of the required exhibits, the appeal cannot be properly considered and must be struck off the roll until a complete record is filed.

Court Disposition

Appeal struck off the roll due to incomplete record and non-compliance with court order.

Orders

  • The matter is struck off the roll and may not be re-enrolled until such time as the complete record shall have been filed.