State v Van Der Sandt (D1792/13) [2016] ZAGPJHC 22 (26 January 2016)

State v Van Der Sandt (D1792/13) [2016] ZAGPJHC 22 (26 January 2016)

The accused was represented at trial by an attorney who had been suspended from practice prior to the commencement of the proceedings. This lack of right of appearance constituted an irregularity and a failure of justice per se. The court held that the proceedings were vitiated and must be set aside. A new trial must commence before another presiding officer to ensure the accused's right to proper legal representation is upheld. The court emphasized the need for expedient finalization of the matter due to the substantial delays already experienced.

Citation
[2016] ZAGPJHC 22
Parties
Applicant: The State; Respondent: Mathys Johannes van der Sandt
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 January 2016
Case Number
D1792/13
Procedural Posture
Special Review / Part Heard Trial; Special Review Requested After Irregularity Discovered
Outcome
Proceedings declared null and void; trial to commence de novo before another presiding officer.
Judges
FHD Van Oosten, L Windell
Legal Topics
Right of Appearance, Irregularity in Proceedings, Nullity of Trial
Criminal Law Civil Procedure Right of Appearance Irregularity in Proceedings Nullity of Trial

Case Brief

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Parties

The State

Applicant

Mathys Johannes van der Sandt

Respondent

Procedural Posture

Special Review / Part Heard Trial; Special Review Requested After Irregularity Discovered

Legal Issues

  1. 1 Whether the accused's representation by an attorney who had been suspended from practice prior to the commencement of the trial constitutes an irregularity and a failure of justice.
  2. 2 Whether the proceedings should be set aside and a new trial ordered.

Ratio Decidendi

The accused was represented at trial by an attorney who had been suspended from practice prior to the commencement of the proceedings. This lack of right of appearance constituted an irregularity and a failure of justice per se. The court held that the proceedings were vitiated and must be set aside. A new trial must commence before another presiding officer to ensure the accused's right to proper legal representation is upheld. The court emphasized the need for expedient finalization of the matter due to the substantial delays already experienced.

Court Disposition

Proceedings declared null and void; trial to commence de novo before another presiding officer.

Orders

  • The proceedings in the matter of S v Mathys Johannes van der Sandt (case no D1792/13) are declared null and void and are set aside.
  • The trial of the matter is to commence de novo before another presiding officer as soon as may be reasonably possible.