S v Thaele and Others, S v Pane and Others, S v Mafe, S v Mafuna and Another, S v Roestof, S v Mokoma, S v Nchoncho, S v Manare (A3448/2010, A3579/2010, A4348/2010, A4572/2010, A4638/2010, A5284/2010, A149/2011, A499/2011) [2011] ZAFSHC 153 (15 September 2011)

S v Thaele and Others, S v Pane and Others, S v Mafe, S v Mafuna and Another, S v Roestof, S v Mokoma, S v Nchoncho, S v Manare (A3448/2010, A3579/2010, A4348/2010, A4572/2010, A4638/2010, A5284/2010, A149/2011, A499/2011) [2011] ZAFSHC 153 (15 September 2011)

The court found that the prolonged illness of Mr Kajee, the acting magistrate, rendered him unfit to continue with the eight part-heard criminal trials. The uncertainty regarding his return and the need for ongoing medical treatment in another province meant that the accuseds' right to a speedy trial was compromised. In the interests of justice and fairness, and in accordance with established legal principles, the proceedings in all eight cases were set aside. The Prosecuting Authority was authorised to commence proceedings de novo before another judicial officer.

Citation
[2011] ZAFSHC 153
Parties
Applicant: The State; Respondent: Theboho Thaele and 2 others; Respondent: Xexile Ruben Pane and 2 others; Respondent: Keith Captain Mafe; Respondent: Skhalo Mafuna and 1 other; Respondent: Johannes Lodewiekus Roestof; Respondent: Andrew Thamsanqa Mokoma; Respondent: Thabiso Johannes Nchoncho and 1 other; Respondent: Phamela Benjamin Manare
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 September 2011
Case Number
A3448/2010, A3579/2010, A4348/2010, A4572/2010, A4638/2010, A5284/2010, A149/2011, A499/2011
Procedural Posture
Review Application / Special Review
Outcome
Proceedings in all eight cases set aside; trials to commence de novo before another magistrate.
Judges
Kruger, Mathebula
Legal Topics
Right to Speedy Trial, Magistrate Incapacity, Setting Aside Proceedings, De Novo Trial
Criminal Law Civil Procedure Right to Speedy Trial Magistrate Incapacity Setting Aside Proceedings De Novo Trial

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The State

Applicant

Theboho Thaele and 2 others

Respondent

Xexile Ruben Pane and 2 others

Respondent

Keith Captain Mafe

Respondent

Skhalo Mafuna and 1 other

Respondent

Johannes Lodewiekus Roestof

Respondent

Andrew Thamsanqa Mokoma

Respondent

Thabiso Johannes Nchoncho and 1 other

Respondent

Phamela Benjamin Manare

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the prolonged illness of the presiding magistrate justifies setting aside the part-heard proceedings in eight criminal cases.
  2. 2 Whether the interests of justice require that the trials commence de novo before another magistrate.
  3. 3 Whether the accuseds' right to a speedy trial has been compromised.

Ratio Decidendi

The court found that the prolonged illness of Mr Kajee, the acting magistrate, rendered him unfit to continue with the eight part-heard criminal trials. The uncertainty regarding his return and the need for ongoing medical treatment in another province meant that the accuseds' right to a speedy trial was compromised. In the interests of justice and fairness, and in accordance with established legal principles, the proceedings in all eight cases were set aside. The Prosecuting Authority was authorised to commence proceedings de novo before another judicial officer.

Court Disposition

Proceedings in all eight cases set aside; trials to commence de novo before another magistrate.

Orders

  • It is declared that Magistrate A K Kajee is unfit to continue with the trials in the eight listed cases.
  • The proceedings in all the above cases are set aside.