S v Khasane and Another (84/06/01) [2006] ZAFSHC 64 (21 December 2006)

S v Khasane and Another (84/06/01) [2006] ZAFSHC 64 (21 December 2006)

The magistrate erred in stopping the prosecution under section 6(b) of the Criminal Procedure Act 51 of 1977, as he lacked the authority to do so. That power is reserved for the Director of Public Prosecutions or a person authorised by the Director. The order stopping the prosecution was therefore made in error and must be set aside. The case is remitted to the magistrate to continue and conclude the trial.

Citation
[2006] ZAFSHC 64
Parties
Applicant: The State; Respondent: Daniel Khasane; Respondent: Mochekacheka Mosito
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 December 2006
Case Number
84/06/01
Procedural Posture
Review Application / Special Review
Outcome
The magistrate's order stopping the prosecution is set aside. The case is remitted for continuation and conclusion of the trial.
Judges
Kruger, Hancke
Legal Topics
Jurisdiction, Stock Theft, Criminal Procedure Act Section 6b
Criminal Law Jurisdiction Stock Theft Criminal Procedure Act Section 6b

Case Brief

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Parties

The State

Applicant

Daniel Khasane

Respondent

Mochekacheka Mosito

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the magistrate had jurisdiction to stop criminal proceedings for an offence committed in Lesotho.
  2. 2 Whether the magistrate was empowered to stop proceedings under section 6(b) of the Criminal Procedure Act 51 of 1977.

Ratio Decidendi

The magistrate erred in stopping the prosecution under section 6(b) of the Criminal Procedure Act 51 of 1977, as he lacked the authority to do so. That power is reserved for the Director of Public Prosecutions or a person authorised by the Director. The order stopping the prosecution was therefore made in error and must be set aside. The case is remitted to the magistrate to continue and conclude the trial.

Court Disposition

The magistrate's order stopping the prosecution is set aside. The case is remitted for continuation and conclusion of the trial.

Orders

  • The order of the magistrate stopping the prosecution under section 6(b) of Act 51 of 1977 is set aside.
  • The case is remitted to the magistrate to continue and conclude the trial.