S v King (56/23) [2024] ZAWCHC 122 (7 May 2024)

S v King (56/23) [2024] ZAWCHC 122 (7 May 2024)

The High Court found that the removal of the matter from the roll by a magistrate other than the one who commenced the trial was not in accordance with justice. The accused, having pleaded not guilty, was entitled under section 106(4) of the Criminal Procedure Act and section 35(3)(d) of the Constitution to demand acquittal or conviction and to have his trial concluded without unreasonable delay. The repeated postponements, many due to administrative failures and the Covid-19 pandemic, resulted in the accused spending an excessive period in pre-trial detention for a minor shoplifting charge. The removal from the roll did not resolve the charges and left the accused's rights unfulfilled....

Citation
[2024] ZAWCHC 122
Parties
Applicant: THE STATE; Respondent: MARTIN KING
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
7 May 2024
Case Number
56/23
Procedural Posture
Review Application / High Court Review of Magistrate's Order Removing Criminal Matter From Roll
Outcome
The order removing the matter from the roll is set aside; the matter is remitted to the original trial magistrate for continuation.
Judges
DM Thulare, T Dlamini - Smit
Legal Topics
Removal From Roll, Unreasonable Delay, Fair Trial Rights, Acquittal Entitlement, Magistrates Court Procedure
Criminal Law Civil Procedure Removal From Roll Unreasonable Delay Fair Trial Rights Acquittal Entitlement Magistrates Court Procedure

Case Brief

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Parties

THE STATE

Applicant

MARTIN KING

Respondent

Procedural Posture

Review Application / High Court Review of Magistrate's Order Removing Criminal Matter From Roll

Legal Issues

  1. 1 Whether the magistrate's order removing the matter from the roll was in accordance with justice.
  2. 2 Whether the accused's constitutional and statutory rights to a fair trial and to demand acquittal or conviction were infringed.
  3. 3 Whether the matter should be remitted to the original trial magistrate for continuation.

Ratio Decidendi

The High Court found that the removal of the matter from the roll by a magistrate other than the one who commenced the trial was not in accordance with justice. The accused, having pleaded not guilty, was entitled under section 106(4) of the Criminal Procedure Act and section 35(3)(d) of the Constitution to demand acquittal or conviction and to have his trial concluded without unreasonable delay. The repeated postponements, many due to administrative failures and the Covid-19 pandemic, resulted in the accused spending an excessive period in pre-trial detention for a minor shoplifting charge. The removal from the roll did not resolve the charges and left the accused's rights unfulfilled....

Court Disposition

The order removing the matter from the roll is set aside; the matter is remitted to the original trial magistrate for continuation.

Orders

  • The order of the Magistrate to remove the matter from the roll is set aside.
  • The matter is remitted back to the magistrate before whom the trial commenced to deal with it in accordance with justice.