S v Ndzeru and Another (Review) (REV81/202)
S v Ndzeru and Another (Review) (REV81/202) [2024] ZALMPTHC 33; 2025 (1) SACR 409 (LT) (13 November 2024)
The court found that the acting Magistrate's appointment had expired prior to the commencement of the trial, rendering him without authority to preside over the proceedings. As a result, all actions taken by the Magistrate after the expiry of his appointment were null and void. This constituted a fundamental irregularity and a violation of the accused's constitutional right to a fair trial before a competent judicial officer. The High Court determined that, although it does not ordinarily intervene in pending lower court proceedings before conviction, the circumstances were exceptional and in…
Source excerpt
- Magistrates Act Appointment
- Competent Judicial Officer
- Nullity Of Proceedings
- Constitutional Right To Fair Trial