S v Mabaso (R25/2022) [2022] ZAKZPHC 15; 2022 (2) SACR 191 (KZP) (13 May 2022)

S v Mabaso (R25/2022) [2022] ZAKZPHC 15; 2022 (2) SACR 191 (KZP) (13 May 2022)

The magistrate committed a gross irregularity by failing to allow the accused to testify or close his case during the trial within a trial and by not making a ruling on the admissibility of the statement. These failures prejudiced the accused's right to a fair trial. Although the magistrate had not pronounced on guilt, proceeding further would likely cause prejudice. The only remedy to cure the prejudice is to set aside the proceedings and order that the trial commence de novo before a different magistrate.

Citation
[2022] ZAKZPHC 15
Parties
Applicant: The State; Respondent: Nhlonipho Mabaso
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
13 May 2022
Case Number
R25/2022
Procedural Posture
Review Application / Special Review Under S 22(1)(c) of the Superior Courts Act
Outcome
Proceedings before the Greytown Regional Magistrates’ Court are reviewed and set aside; the trial is to commence de novo before another magistrate.
Judges
Poyo Dlwati, Chili
Legal Topics
Trial Within a Trial, Admissibility of Confession, Gross Irregularity, Right to Fair Trial
Criminal Law Civil Procedure Trial Within a Trial Admissibility of Confession Gross Irregularity Right to Fair Trial

Case Brief

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Parties

The State

Applicant

Nhlonipho Mabaso

Respondent

Procedural Posture

Review Application / Special Review Under S 22(1)(c) of the Superior Courts Act

Legal Issues

  1. 1 Whether the failure to allow the accused to testify or close his case during the trial within a trial constituted a gross irregularity.
  2. 2 Whether the magistrate's failure to make a ruling on the admissibility of the statement prejudiced the accused's right to a fair trial.
  3. 3 Whether the proceedings should be set aside and the trial commence de novo before another magistrate.

Ratio Decidendi

The magistrate committed a gross irregularity by failing to allow the accused to testify or close his case during the trial within a trial and by not making a ruling on the admissibility of the statement. These failures prejudiced the accused's right to a fair trial. Although the magistrate had not pronounced on guilt, proceeding further would likely cause prejudice. The only remedy to cure the prejudice is to set aside the proceedings and order that the trial commence de novo before a different magistrate.

Court Disposition

Proceedings before the Greytown Regional Magistrates’ Court are reviewed and set aside; the trial is to commence de novo before another magistrate.

Orders

  • The proceedings before Mr C F Masikane in the Greytown Regional Magistrates’ Court under case no GRC 47/2019 are reviewed and set aside.
  • The trial is to commence de novo before another magistrate.