S v Ajose (14/295/2013) [2015] ZAGPPHC 506 (18 May 2015)
- Citation
- [2015] ZAGPPHC 506
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- VJ Janse Van Nieuwenhuizen, De Vos
- Case number
- 14/295/2013
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- VJ Janse Van Nieuwenhuizen, De Vos
- Case number
- 14/295/2013
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The High Court, having reviewed the record and the reasons of the lower court, found that the proceedings were irregular and invalid. Accordingly, the proceedings were set aside and the matter was remitted to the Pretoria Regional Court to commence de novo before another magistrate.
Court disposition
Proceedings set aside and matter remitted for a new hearing before another magistrate.
Orders
- The proceeding is set aside.
- The matter is remitted back to Pretoria Regional Court.
- The matter to start de novo before another Magistrate.
02
Material facts
Parties
THE STATE
RespondentAJIBOL AJOSE
Applicant03
Procedural history
Posture
Review Application / Review Judgment
04
Questions and positions
Legal issues
- 01
Whether the proceedings in the lower court were irregular or invalid.
- 02
Whether the matter should be remitted for a fresh hearing before another magistrate.
Party arguments
- Applicant
- The applicant contended that the proceedings in the Pretoria Regional Court were irregular and should be set aside, requesting that the matter be heard afresh before a different magistrate.
- Respondent
- The State did not oppose the review and accepted that the proceedings should be set aside and the matter remitted for a de novo hearing.
05
Court’s reasoning
Legal principles
- 01
Criminal Procedure Act 51 of 1977
Where proceedings are found to be irregular or invalid, the High Court may set aside such proceedings and remit the matter for a fresh hearing before another magistrate.
06
Ratio, limits and disposition
Ratio decidendi
The High Court, having reviewed the record and the reasons of the lower court, found that the proceedings were irregular and invalid. Accordingly, the proceedings were set aside and the matter was remitted to the Pretoria Regional Court to commence de novo before another magistrate.
Court disposition
Proceedings set aside and matter remitted for a new hearing before another magistrate.
- The proceeding is set aside.
- The matter is remitted back to Pretoria Regional Court.
- The matter to start de novo before another Magistrate.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION:
PRETORIA
(REPUBLIC OF SOUTH AFRICA)
Case no: 14/295/2013
DATE: 18 MAY 2015
In the matter between:
THE STATE
And
AJIBOL AJOSE
REVIEW JUDGMENT
Having read the record and the court a quo’s reasons, I make the following order.
1. The proceeding is set aside.
2. The matter is remitted back to Pretoria Regional Court and
3. The matter to start de novo before another Magistrate.
VJ JANSE Van Nieuwenhuizen
JUDGE OF THE HIGH COURT OF SOUTH
AFRICA
GAUTENG DIVISION, PRETORIA
I agree,
DE VOS
It is so ordered.
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