Mompati v S (A86/2018) [2018] ZAFSHC 129 (30 July 2018)

Mompati v S (A86/2018) [2018] ZAFSHC 129 (30 July 2018)

The court found that the incomplete record, which included missing plea explanations and inaudible portions of the trial proceedings, rendered it impossible to adjudicate the appeal fairly. The right to a fair appeal, protected by section 35(3) of the Constitution, requires a complete and reliable record. The court emphasized that officers of the court, including clerks and typists, must ensure proper recording and transcription of proceedings. In line with established principles and precedent, the court ordered that the matter be removed from the roll to allow for the record to be properly completed and reconstructed if possible. The judgment was to be brought to the attention of...

Citation
[2018] ZAFSHC 129
Parties
Appellant: MA Mompati; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 July 2018
Case Number
A86/2018
Procedural Posture
Criminal Appeal / Appeal Removed From Roll Due to Incomplete Record
Outcome
Appeal removed from the roll due to incomplete record; matter to be properly completed before reconsideration.
Judges
Opperman, Reinders
Legal Topics
Right to Fair Appeal, Incomplete Record on Appeal, Record Reconstruction, Criminal Procedure Act, Sexual Offences
Criminal Law Civil Procedure Right to Fair Appeal Incomplete Record on Appeal Record Reconstruction Criminal Procedure Act Sexual Offences

Case Brief

Summary, issues, holding and outcome

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Parties

MA Mompati

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Removed From Roll Due to Incomplete Record

Legal Issues

  1. 1 Whether the appeal could be fairly adjudicated in light of the incomplete record of trial proceedings.
  2. 2 Whether the appellant's constitutional right to a fair appeal was infringed by the missing portions of the record.
  3. 3 What steps should be taken when the record is incomplete and cannot be reconstructed.

Ratio Decidendi

The court found that the incomplete record, which included missing plea explanations and inaudible portions of the trial proceedings, rendered it impossible to adjudicate the appeal fairly. The right to a fair appeal, protected by section 35(3) of the Constitution, requires a complete and reliable record. The court emphasized that officers of the court, including clerks and typists, must ensure proper recording and transcription of proceedings. In line with established principles and precedent, the court ordered that the matter be removed from the roll to allow for the record to be properly completed and reconstructed if possible. The judgment was to be brought to the attention of...

Court Disposition

Appeal removed from the roll due to incomplete record; matter to be properly completed before reconsideration.

Orders

  • The matter is removed from the roll to allow for the record to be properly completed.
  • The Registrar must bring this judgment to the attention of the President of the Regional Court: Free State, the Chief Magistrates Bloemfontein and Welkom, and the Regional Head, Regional Office: Department of Justice and Correctional Services, Free State, Bloemfontein.