S v Mojoe [2010] ZAFSHC 23 (25 February 2010)

S v Mojoe [2010] ZAFSHC 23 (25 February 2010)

The court found that the complainant was not afforded the opportunity to testify in her mother tongue, Xhosa, but instead testified in Sotho, a language she was not fluent in. This resulted in contradictions in her evidence, which she attributed to her limited knowledge of Sotho. The irregularity prejudiced the accused's right to a fair trial and rendered the proceedings unfair. The only remedy was to set aside the proceedings and order that the matter commence de novo before another magistrate.

Citation
[2010] ZAFSHC 23
Parties
Applicant: The State; Respondent: George Khosana Mojoe
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 February 2010
Case Number
41/2010
Procedural Posture
Criminal Review / Special Review Under Section 304(4) of Act 51 of 1977
Outcome
Proceedings set aside; matter to commence de novo before another magistrate.
Judges
HANCKE, R, JORDAAN, R
Legal Topics
Fair Trial Rights, Language of Proceedings, Review Procedure, Irregularity in Trial
Criminal Law Fair Trial Rights Language of Proceedings Review Procedure Irregularity in Trial

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

George Khosana Mojoe

Respondent

Procedural Posture

Criminal Review / Special Review Under Section 304(4) of Act 51 of 1977

Legal Issues

  1. 1 Whether the accused's right to a fair trial was infringed due to the complainant testifying in a language she was not fluent in.
  2. 2 Whether the proceedings should be set aside and commenced de novo before another magistrate.

Ratio Decidendi

The court found that the complainant was not afforded the opportunity to testify in her mother tongue, Xhosa, but instead testified in Sotho, a language she was not fluent in. This resulted in contradictions in her evidence, which she attributed to her limited knowledge of Sotho. The irregularity prejudiced the accused's right to a fair trial and rendered the proceedings unfair. The only remedy was to set aside the proceedings and order that the matter commence de novo before another magistrate.

Court Disposition

Proceedings set aside; matter to commence de novo before another magistrate.

Orders

  • The proceedings are set aside.
  • The matter must commence de novo before another magistrate.