Skhosana v S (A807/12) [2012] ZAGPPHC 291 (15 November 2012)

Skhosana v S (A807/12) [2012] ZAGPPHC 291 (15 November 2012)

The court found that the amendments and alterations made to the typed record were not properly certified or signed by the transcriber, and the reconstruction process did not comply with the guidelines set out in S v Gora and Another. The accused's rights to a fair trial, including participation in the reconstruction and certification of the record, were not observed. As a result, the matter must be remitted to the Magistrate’s Court for proper reconstruction of the record in accordance with the prescribed guidelines, after which the case may be sent for review.

Citation
[2012] ZAGPPHC 291
Parties
Applicant: Jabulani Sphiwe Skhosana; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 November 2012
Case Number
A807/12
Procedural Posture
Review Application / Review in Chambers
Outcome
The case is remitted to the Magistrate’s Court for reconstruction of the record in accordance with the guidelines stated.
Judges
BAQWA, N M Mavundla
Legal Topics
Firearms Control Act, Record Reconstruction, Fair Trial Rights
Criminal Law Civil Procedure Firearms Control Act Record Reconstruction Fair Trial Rights

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 2 Party arguments 2
Sign in to unlock

Parties

Jabulani Sphiwe Skhosana

Applicant

The State

Respondent

Procedural Posture

Review Application / Review in Chambers

Legal Issues

  1. 1 Whether the alterations or amendments to the typed record were properly effected and certified.
  2. 2 Whether the reconstruction process of the record complied with fair trial requirements.

Ratio Decidendi

The court found that the amendments and alterations made to the typed record were not properly certified or signed by the transcriber, and the reconstruction process did not comply with the guidelines set out in S v Gora and Another. The accused's rights to a fair trial, including participation in the reconstruction and certification of the record, were not observed. As a result, the matter must be remitted to the Magistrate’s Court for proper reconstruction of the record in accordance with the prescribed guidelines, after which the case may be sent for review.

Court Disposition

The case is remitted to the Magistrate’s Court for reconstruction of the record in accordance with the guidelines stated.

Orders

  • The case is remitted to the Magistrate’s Court for reconstruction of the record as per the guidelines stated in the judgment.
  • The alterations or amendments must be factored into the record and duly certified and signed by the transcriber.