S v Baloyi and Another (1/11, 2/11) [2012] ZANWHC 2 (23 February 2012)

S v Baloyi and Another (1/11, 2/11) [2012] ZANWHC 2 (23 February 2012)

The reviewing court found that all reasonable attempts to reconstruct the missing records in both matters were made but proved unsuccessful. Without a reconstructed record, the court is unable to assess whether the proceedings in the lower court were conducted in accordance with justice. Accordingly, the proceedings in both matters must be set aside.

Citation
[2012] ZANWHC 2
Parties
Applicant: The State; Respondent: Tumelo Ernest Baloyi; Respondent: Lawrence Tshabalala
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
23 February 2012
Case Number
1/11, 2/11
Procedural Posture
Review Application / Automatic Review
Outcome
Proceedings in both matters are set aside due to the inability to reconstruct the missing records.
Judges
A.M. Kgoele, N. Gutta, R.D. Hendricks
Legal Topics
Missing Record, Reconstruction of Proceedings, Review Jurisdiction
Criminal Law Civil Procedure Missing Record Reconstruction of Proceedings Review Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Tumelo Ernest Baloyi

Respondent

Lawrence Tshabalala

Respondent

Procedural Posture

Review Application / Automatic Review

Legal Issues

  1. 1 Whether the absence of a complete record of proceedings prevents the court from determining if the trial was conducted in accordance with justice.
  2. 2 Whether sufficient attempts were made to reconstruct the missing portions of the record as required by law.

Ratio Decidendi

The reviewing court found that all reasonable attempts to reconstruct the missing records in both matters were made but proved unsuccessful. Without a reconstructed record, the court is unable to assess whether the proceedings in the lower court were conducted in accordance with justice. Accordingly, the proceedings in both matters must be set aside.

Court Disposition

Proceedings in both matters are set aside due to the inability to reconstruct the missing records.

Orders

  • The proceedings in case numbers 1/11 and 2/11 are set aside.