Pitje v S (A519/2014) [2018] ZAGPPHC 552 (1 August 2018)

Pitje v S (A519/2014) [2018] ZAGPPHC 552 (1 August 2018)

The court found that the reconstructed record, including the sentencing proceedings, was finalised in the presence of all parties and confirmed by the chief magistrate. The appellant's inputs were considered, and any imperfections in the record related only to sentencing, which was not the subject of the appeal. The record was adequate for the appeal on conviction. The delay in furnishing the bound record was due to the clerk of the court and not attributable to the respondent, who fulfilled its duty to reconstruct the record within the ordered period. Therefore, no condonation for late filing was required, and the point in limine was dismissed.

Citation
[2018] ZAGPPHC 552
Parties
Appellant: Simon Molefe Pitje; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 August 2018
Case Number
A519/2014
Procedural Posture
Criminal Appeal / Appeal Hearing Before the High Court
Outcome
The point in limine is dismissed. The appeal is to proceed on the record as it stands.
Judges
E.M. Kubushi, S.N.I. Mokose
Legal Topics
Reconstruction of Trial Record, Right to Fair Trial, Condonation for Late Filing
Criminal Law Civil Procedure Reconstruction of Trial Record Right to Fair Trial Condonation for Late Filing

Case Brief

Summary, issues, holding and outcome

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Parties

Simon Molefe Pitje

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Hearing Before the High Court

Legal Issues

  1. 1 Whether the reconstructed record provided to the appellant is incomplete and prejudices his right to a fair trial.
  2. 2 Whether the record was filed out of time and if condonation for late filing is required.

Ratio Decidendi

The court found that the reconstructed record, including the sentencing proceedings, was finalised in the presence of all parties and confirmed by the chief magistrate. The appellant's inputs were considered, and any imperfections in the record related only to sentencing, which was not the subject of the appeal. The record was adequate for the appeal on conviction. The delay in furnishing the bound record was due to the clerk of the court and not attributable to the respondent, who fulfilled its duty to reconstruct the record within the ordered period. Therefore, no condonation for late filing was required, and the point in limine was dismissed.

Court Disposition

The point in limine is dismissed. The appeal is to proceed on the record as it stands.

Orders

  • The point in limine is dismissed.
  • The appeal is to proceed on the record as it stands.