S v Nyangwa (407/2005) [2005] ZAFSHC 41 (28 April 2005)

S v Nyangwa (407/2005) [2005] ZAFSHC 41 (28 April 2005)

The court held that, in accordance with established precedent, when the record of evidence in criminal proceedings has disappeared and cannot be reconstructed, it is impossible to properly review or consider the matter. As a result, the proceedings cannot be allowed to stand and must be set aside. The court relied on the decisions in S v Joubert and S v Appel, which both confirm that the absence of a record renders the proceedings invalid.

Citation
[2005] ZAFSHC 41
Parties
Applicant: The State; Respondent: Raneo David Nyangwa
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 April 2005
Case Number
407/2005
Procedural Posture
Criminal Review / Special Review
Outcome
The proceedings are set aside due to the irretrievable loss of the record of evidence.
Judges
Ebrahim, Cillié
Legal Topics
Lost Record, Review Proceedings, Setting Aside Proceedings
Criminal Law Lost Record Review Proceedings Setting Aside Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Raneo David Nyangwa

Respondent

Procedural Posture

Criminal Review / Special Review

Legal Issues

  1. 1 Whether the proceedings can stand when the record of evidence has disappeared and cannot be reconstructed.

Ratio Decidendi

The court held that, in accordance with established precedent, when the record of evidence in criminal proceedings has disappeared and cannot be reconstructed, it is impossible to properly review or consider the matter. As a result, the proceedings cannot be allowed to stand and must be set aside. The court relied on the decisions in S v Joubert and S v Appel, which both confirm that the absence of a record renders the proceedings invalid.

Court Disposition

The proceedings are set aside due to the irretrievable loss of the record of evidence.

Orders

  • The proceedings are set aside.