Selaletsi v S (CA&R99/2014) [2016] ZANCHC 33 (7 May 2016)

Selaletsi v S (CA&R99/2014) [2016] ZANCHC 33 (7 May 2016)

The court held that the absence of a complete transcription of the trial proceedings renders it impossible to properly consider the appeal. The Regional Magistrate's notes are not a sufficient substitute, as they do not capture all relevant interactions and evidence, particularly those raised by the appellant. The court ordered that the appeal be postponed sine die and directed the clerk of the court to ensure that all recorded proceedings are properly transcribed. If transcription proves impossible, the clerk must provide a written explanation and reconstruct the record with the assistance of the Regional Magistrate, the appellant's legal representative, the prosecutor, and the...

Citation
[2016] ZANCHC 33
Parties
Appellant: Paseka William Selaletsi; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
7 May 2016
Case Number
CA&R99/2014
Procedural Posture
Criminal Appeal / Appeal Hearing; Incomplete Record
Outcome
Appeal postponed sine die pending proper transcription or reconstruction of the record.
Judges
Olivier, Erasmus
Legal Topics
Incomplete Record, Transcription of Proceedings, Appeal Postponement
Criminal Law Civil Procedure Incomplete Record Transcription of Proceedings Appeal Postponement

Case Brief

Summary, issues, holding and outcome

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Parties

Paseka William Selaletsi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Hearing; Incomplete Record

Legal Issues

  1. 1 Whether the appeal can proceed in the absence of a complete transcription of the trial proceedings.
  2. 2 Whether the Regional Magistrate's notes suffice as a record for appeal purposes.
  3. 3 What steps must be taken to ensure a proper record is available for the appeal.

Ratio Decidendi

The court held that the absence of a complete transcription of the trial proceedings renders it impossible to properly consider the appeal. The Regional Magistrate's notes are not a sufficient substitute, as they do not capture all relevant interactions and evidence, particularly those raised by the appellant. The court ordered that the appeal be postponed sine die and directed the clerk of the court to ensure that all recorded proceedings are properly transcribed. If transcription proves impossible, the clerk must provide a written explanation and reconstruct the record with the assistance of the Regional Magistrate, the appellant's legal representative, the prosecutor, and the...

Court Disposition

Appeal postponed sine die pending proper transcription or reconstruction of the record.

Orders

  • The appeal is postponed sine die.
  • The clerk of the court must ensure that all recorded proceedings are properly transcribed.