Phiri v S (CA 55/2015) [2024] ZANWHC 185 (11 July 2024)

Phiri v S (CA 55/2015) [2024] ZANWHC 185 (11 July 2024)

The court found that the record of proceedings was incomplete, specifically missing the appellant's evidence and the testimony of a key state witness. Without these portions, the court is unable to consider the merits of the appeal. The appellant failed to provide any explanation for the missing record or demonstrate efforts to reconstruct it. As a result, the appeal cannot proceed and must be removed from the roll until a complete record or a satisfactory explanation is provided.

Citation
[2024] ZANWHC 185
Parties
Appellant: Tebogo Michael Phiri; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
11 July 2024
Case Number
CA 55/2015
Procedural Posture
Criminal Appeal / Appeal Removed From Roll Due to Incomplete Record
Outcome
Appeal removed from the roll due to incomplete record. Appellant ordered to file complete record or explanation.
Judges
J T Djaje, T Masike
Legal Topics
Rape, Incomplete Record, Appeal Procedure, Criminal Law Amendment Act
Criminal Law Rape Incomplete Record Appeal Procedure Criminal Law Amendment Act

Case Brief

Summary, issues, holding and outcome

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Parties

Tebogo Michael Phiri

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Removed From Roll Due to Incomplete Record

Legal Issues

  1. 1 Whether the appeal can be heard in the absence of a complete record of proceedings.
  2. 2 Whether the appellant has provided an adequate explanation for the missing portions of the record.

Ratio Decidendi

The court found that the record of proceedings was incomplete, specifically missing the appellant's evidence and the testimony of a key state witness. Without these portions, the court is unable to consider the merits of the appeal. The appellant failed to provide any explanation for the missing record or demonstrate efforts to reconstruct it. As a result, the appeal cannot proceed and must be removed from the roll until a complete record or a satisfactory explanation is provided.

Court Disposition

Appeal removed from the roll due to incomplete record. Appellant ordered to file complete record or explanation.

Orders

  • The appeal is removed from the roll due to incomplete record.
  • The appellant is ordered to file the complete record or an explanation why the complete record could not be filed.