S v Monnana (41/2002) [2002] ZANWHC 19 (6 June 2002)

S v Monnana (41/2002) [2002] ZANWHC 19 (6 June 2002)

The resignation of the presiding magistrate renders her absolutely unavailable to continue with the part-heard trial. In such circumstances, the proceedings are a nullity and must be set aside. The matter is referred back to the prosecutor, who must decide whether to proceed with a new trial (de novo). This approach is consistent with section 106(4) of the Criminal Procedure Act and established case law, which provide that a trial may be resumed de novo when the original presiding officer is permanently incapable of continuing.

Citation
[2002] ZANWHC 19
Parties
Applicant: The State; Respondent: Patrick Monnana
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
6 June 2002
Case Number
41/2002
Procedural Posture
Review Application / Review Before High Court Following Resignation of Magistrate
Outcome
Proceedings before the resigned magistrate are set aside; matter referred back for prosecutor to decide on trial de novo.
Judges
O.A. Pako, H.N. Hendler
Legal Topics
Criminal Procedure Act Section 106, Nullity of Proceedings, Trial De Novo
Criminal Law Civil Procedure Criminal Procedure Act Section 106 Nullity of Proceedings Trial De Novo

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Patrick Monnana

Respondent

Procedural Posture

Review Application / Review Before High Court Following Resignation of Magistrate

Legal Issues

  1. 1 Whether the proceedings before the resigned magistrate are a nullity.
  2. 2 Whether the trial should be resumed de novo before another magistrate.
  3. 3 Whether the accused retains the right to demand a verdict after the resignation of the presiding officer.

Ratio Decidendi

The resignation of the presiding magistrate renders her absolutely unavailable to continue with the part-heard trial. In such circumstances, the proceedings are a nullity and must be set aside. The matter is referred back to the prosecutor, who must decide whether to proceed with a new trial (de novo). This approach is consistent with section 106(4) of the Criminal Procedure Act and established case law, which provide that a trial may be resumed de novo when the original presiding officer is permanently incapable of continuing.

Court Disposition

Proceedings before the resigned magistrate are set aside; matter referred back for prosecutor to decide on trial de novo.

Orders

  • The proceedings before Mrs B.B. Le Roux are set aside.
  • The matter is referred back for the prosecutor to decide whether to proceed de novo.