Qango v S (A135/2012) [2012] ZAWCHC 151 (3 August 2012)

Qango v S (A135/2012) [2012] ZAWCHC 151 (3 August 2012)

The court determined that the appeal could not proceed in the absence of a complete record, as this would prejudice the proper consideration of the matter. The appellant or his representative is granted time to amplify, reconstruct, or rectify the record. The postponement is granted with a directive that the appellant's representative must file an affidavit by 5 October 2012 detailing the steps taken to rectify the record, supported by documentary proof.

Citation
[2012] ZAWCHC 151
Parties
Appellant: T Qango; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
3 August 2012
Case Number
A135/2012
Procedural Posture
Criminal Appeal / Postponement of Appeal Hearing Due to Incomplete Record
Outcome
The appeal hearing is postponed to 12 October 2012 to allow rectification of the court record.
Judges
Steyn, Saba
Legal Topics
Postponement of Hearing, Incomplete Record, Appeal Procedure
Criminal Law Civil Procedure Postponement of Hearing Incomplete Record Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

T Qango

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Postponement of Appeal Hearing Due to Incomplete Record

Legal Issues

  1. 1 Whether the appeal hearing should be postponed due to an incomplete court record.
  2. 2 What steps must be taken to rectify or reconstruct the record before the postponed hearing.

Ratio Decidendi

The court determined that the appeal could not proceed in the absence of a complete record, as this would prejudice the proper consideration of the matter. The appellant or his representative is granted time to amplify, reconstruct, or rectify the record. The postponement is granted with a directive that the appellant's representative must file an affidavit by 5 October 2012 detailing the steps taken to rectify the record, supported by documentary proof.

Court Disposition

The appeal hearing is postponed to 12 October 2012 to allow rectification of the court record.

Orders

  • The matter is postponed to 12 October 2012.
  • On or before 5 October 2012, the appellant's representative shall file an affidavit stating what steps were taken to rectify the record, supported with the relevant documentary proof.