S v Kwaza and Others (SS68/2018) [2021] ZAWCHC 181; [2021] 4 All SA 906 (WCC); 2022 (1) SACR 64 (WCC) (9 September 2021)

S v Kwaza and Others (SS68/2018) [2021] ZAWCHC 181; [2021] 4 All SA 906 (WCC); 2022 (1) SACR 64 (WCC) (9 September 2021)

The Court found that Mr Gladile was responsible for the majority of delays in the proceedings, including repeated late arrivals, absences, and dishonest explanations regarding his whereabouts and medical condition. The Court determined that these actions constituted professional misconduct and resulted in wasted costs to the State, specifically the costs of witness accommodation and Legal Aid fees. However, the Court was precluded from making a wasted costs order under section 342A(3)(e) as the provision had not been brought into operation. The Court granted Mr Gladile leave to withdraw as counsel for accused 3 and 4, ordered the matter to be referred to the Legal Practice Council for...

Citation
[2021] ZAWCHC 181
Parties
Applicant: The State; Respondent: Patience Kwaza; Respondent: Loyiso Ludidi; Respondent: Thando Chwayi; Respondent: Sivuyile Shasha
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
9 September 2021
Case Number
SS68/2018
Procedural Posture
Criminal Law Trial / Ruling on Counsel Withdrawal and Inquiry Into Delay
Outcome
Mr Andile Gladile is granted leave to withdraw as counsel for accused 3 and 4. The trial is postponed for further hearing. The matter is referred to the Legal Practice Council for investigation of professional misconduct.
Judges
Gamble
Legal Topics
Unreasonable Delay in Criminal Proceedings, Withdrawal of Counsel, Section 342a Criminal Procedure Act, Professional Misconduct, Wasted Costs, Legal Aid Representation
Criminal Law Civil Procedure Unreasonable Delay in Criminal Proceedings Withdrawal of Counsel Section 342a Criminal Procedure Act Professional Misconduct Wasted Costs Legal Aid Representation

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Parties

The State

Applicant

Patience Kwaza

Respondent

Loyiso Ludidi

Respondent

Thando Chwayi

Respondent

Sivuyile Shasha

Respondent

Procedural Posture

Criminal Law Trial / Ruling on Counsel Withdrawal and Inquiry Into Delay

Legal Issues

  1. 1 Whether Mr Andile Gladile should be permitted to withdraw as counsel for accused 3 and 4.
  2. 2 Whether there has been unreasonable delay in the completion of proceedings attributable to Mr Gladile.
  3. 3 Whether wasted costs to the State have been incurred due to Mr Gladile's conduct.

Ratio Decidendi

The Court found that Mr Gladile was responsible for the majority of delays in the proceedings, including repeated late arrivals, absences, and dishonest explanations regarding his whereabouts and medical condition. The Court determined that these actions constituted professional misconduct and resulted in wasted costs to the State, specifically the costs of witness accommodation and Legal Aid fees. However, the Court was precluded from making a wasted costs order under section 342A(3)(e) as the provision had not been brought into operation. The Court granted Mr Gladile leave to withdraw as counsel for accused 3 and 4, ordered the matter to be referred to the Legal Practice Council for...

Court Disposition

Mr Andile Gladile is granted leave to withdraw as counsel for accused 3 and 4. The trial is postponed for further hearing. The matter is referred to the Legal Practice Council for investigation of professional misconduct.

Orders

  • Mr Andile Gladile is granted permission to withdraw from the matter as counsel of record for accused 3 and 4.
  • The trial is postponed for further hearing on 4 October 2021 and thereafter on 18 October 2021 until completion.