S v Masoka and Another (140039) [2014] ZAECPEHC 54; 2015 (2) SACR 268 (ECP) (17 July 2014)

S v Masoka and Another (140039) [2014] ZAECPEHC 54; 2015 (2) SACR 268 (ECP) (17 July 2014)

The prosecutor's conduct in obtaining a statement from the defence's alibi witness after the defence had disclosed the witness and consulted with him, and then failing to disclose the statement or call the witness, constituted a gross irregularity. This conduct undermined the accused's right to a fair trial as protected by section 34 of the Constitution. The integrity of the witness was compromised, and the proceedings against accused 2 were rendered unfair. The High Court is empowered to set aside such proceedings on review. The witness statement obtained by the State from the defence witness must be excluded from any future proceedings, and the Director of Public Prosecutions must...

Citation
[2014] ZAECPEHC 54
Parties
Applicant: The State; Respondent: Vuyisa Masoka; Respondent: Siyamthemba Mnqayi
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
17 July 2014
Case Number
140039
Procedural Posture
Criminal Review / Special Review
Outcome
Proceedings against accused 2 are set aside in their entirety due to gross irregularity; the trial against accused 1 is to proceed to finality.
Judges
Alkema, Goosen
Legal Topics
Fair Trial Rights, Prosecutorial Misconduct, Witness Interference, Separation of Trials
Criminal Law Fair Trial Rights Prosecutorial Misconduct Witness Interference Separation of Trials

Case Brief

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Parties

The State

Applicant

Vuyisa Masoka

Respondent

Siyamthemba Mnqayi

Respondent

Procedural Posture

Criminal Review / Special Review

Legal Issues

  1. 1 Whether the prosecutor's conduct constituted a gross irregularity affecting the accused's right to a fair trial.
  2. 2 Whether the proceedings against accused 2 should be set aside due to prosecutorial misconduct.
  3. 3 Whether the witness statement obtained from the defence witness should be excluded from future proceedings.

Ratio Decidendi

The prosecutor's conduct in obtaining a statement from the defence's alibi witness after the defence had disclosed the witness and consulted with him, and then failing to disclose the statement or call the witness, constituted a gross irregularity. This conduct undermined the accused's right to a fair trial as protected by section 34 of the Constitution. The integrity of the witness was compromised, and the proceedings against accused 2 were rendered unfair. The High Court is empowered to set aside such proceedings on review. The witness statement obtained by the State from the defence witness must be excluded from any future proceedings, and the Director of Public Prosecutions must...

Court Disposition

Proceedings against accused 2 are set aside in their entirety due to gross irregularity; the trial against accused 1 is to proceed to finality.

Orders

  • The trial between accused 1 and accused 2 is separated.
  • The trial against accused 1 is to proceed forthwith to its finality.