S v Singh (DR 157/13) [2013] ZAKZDHC 9; 2013 (2) SACR 372 (KZD) (5 April 2013)

S v Singh (DR 157/13) [2013] ZAKZDHC 9; 2013 (2) SACR 372 (KZD) (5 April 2013)

The High Court held that the Magistrate was not entitled to submit the matter for special review under section 304(4) of the Criminal Procedure Act because he did not specifically state that the proceedings were not in accordance with justice. The submission was prompted by pressure from counsel for the accused, and the allegations raised were not apparent on the record nor made under oath. The review process was abused, and such conduct could undermine the administration of justice. The court further found that the matter was not reviewable under section 24 of the Supreme Court Act, as no application on oath was made by the accused. The inherent jurisdiction of the High Court under...

Citation
[2013] ZAKZDHC 9
Parties
Applicant: The State; Respondent: Pravesh Singh
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
5 April 2013
Case Number
DR 157/13
Procedural Posture
Criminal Review / Review Judgment
Outcome
The matter is remitted to the Magistrate, without any further order.
Judges
Khallil, Gyanda
Legal Topics
Special Review, Negligent Driving, Section 304 4 Criminal Procedure Act, Inherent Jurisdiction, Review Procedure
Criminal Law Civil Procedure Special Review Negligent Driving Section 304 4 Criminal Procedure Act Inherent Jurisdiction Review Procedure

Case Brief

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Parties

The State

Applicant

Pravesh Singh

Respondent

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the Magistrate was entitled to submit the matter for special review under section 304(4) of the Criminal Procedure Act.
  2. 2 Whether the allegations raised by counsel for the accused justify review in terms of section 304(4) of the Criminal Procedure Act.
  3. 3 Whether the proceedings are reviewable under section 24 of the Supreme Court Act 59 of 1959.

Ratio Decidendi

The High Court held that the Magistrate was not entitled to submit the matter for special review under section 304(4) of the Criminal Procedure Act because he did not specifically state that the proceedings were not in accordance with justice. The submission was prompted by pressure from counsel for the accused, and the allegations raised were not apparent on the record nor made under oath. The review process was abused, and such conduct could undermine the administration of justice. The court further found that the matter was not reviewable under section 24 of the Supreme Court Act, as no application on oath was made by the accused. The inherent jurisdiction of the High Court under...

Court Disposition

The matter is remitted to the Magistrate, without any further order.

Orders

  • The matter is remitted to the Magistrate, without any further order.