Khoza v S (AR286/10)
Khoza v S (AR286/10) [2010] ZAKZPHC 54 (21 September 2010)
The appeal cannot proceed due to the incomplete record, which prejudices the appellant's right to a fair appeal hearing. The Clerk of the Court at Ixopo failed in their statutory duty to prepare and furnish a complete record. The matter must be postponed to allow for reconstruction of the record, with the Clerk directed to provide explanations and best evidence regarding the missing portions, and to follow guidance from relevant case law. This approach is necessary to safeguard the appellant's constitutional rights and ensure proper administration of justice.
Source excerpt
- Appeal Record Reconstruction
- Right To Fair Trial
- Clerk Of Court Duties
- Criminal Procedure Act
- Magistrates Court Rules