S v Mlambo (A1000/2006) [2009] ZAGPPHC 56 (15 May 2009)

S v Mlambo (A1000/2006) [2009] ZAGPPHC 56 (15 May 2009)

The appeal court found that the reconstructed record was incomplete and that the clerk of the court had not fully complied with the previous reconstruction order. The affidavits from all relevant parties had not been submitted, and there was no confirmation from the appellant or his legal representative regarding the accuracy of the reconstructed record. The court held that it would be premature to set aside the conviction and sentence without affording the clerk of the court a further opportunity to comply with the reconstruction order. The court emphasised that only when it is impossible to reconstruct the record or obtain the necessary affidavits should the conviction and sentence be...

Citation
[2009] ZAGPPHC 56
Parties
Appellant: Patrick Mlambo; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 May 2009
Case Number
A1000/2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Matter referred back to the clerk of the regional court for further reconstruction of the record; no final decision on conviction or sentence.
Judges
N M Mavundla, T Phalane
Legal Topics
Reconstruction of Record, Appeal Procedure, Murder, Robbery With Aggravating Circumstances, Unlawful Possession of Firearm, Unlawful Possession of Ammunition
Criminal Law Reconstruction of Record Appeal Procedure Murder Robbery With Aggravating Circumstances Unlawful Possession of Firearm Unlawful Possession of Ammunition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Patrick Mlambo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the reconstructed trial record is sufficiently complete and reliable to allow the appeal court to reappraise the conviction and sentence.
  2. 2 Whether the appellant's conviction and sentence should be set aside due to deficiencies in the reconstructed record.
  3. 3 Whether the clerk of the court complied with the reconstruction order and whether further steps are required before finalising the appeal.

Ratio Decidendi

The appeal court found that the reconstructed record was incomplete and that the clerk of the court had not fully complied with the previous reconstruction order. The affidavits from all relevant parties had not been submitted, and there was no confirmation from the appellant or his legal representative regarding the accuracy of the reconstructed record. The court held that it would be premature to set aside the conviction and sentence without affording the clerk of the court a further opportunity to comply with the reconstruction order. The court emphasised that only when it is impossible to reconstruct the record or obtain the necessary affidavits should the conviction and sentence be...

Court Disposition

Matter referred back to the clerk of the regional court for further reconstruction of the record; no final decision on conviction or sentence.

Orders

  • The matter is referred to the clerk of the regional court, Daveyton, to submit to the Registrar of this Court within thirty days all affidavits and the report referred to in the order dated 3 April 2007 under case number A1000/06.
  • If it is not possible to comply partly or wholly with this order, the clerk of the regional court must submit an affidavit stating all steps taken to comply and reasons for any inability to comply.