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Criminal Law [2021] ZALMPPHC 89

Rakimana v S (REV27/2021)

Rakimana v S (REV27/2021) [2021] ZALMPPHC 89 (28 April 2021)

The court held that the mere retirement of a magistrate does not render him absolutely unavailable to conclude a trial commenced before retirement. Section 9(7)(a) of the Magistrates' Court Act specifically provides for continuity, allowing a retired magistrate to dispose of unterminated proceedings. The accused's right to a speedy trial under section 35(3)(d) of the Constitution would be infringed by requiring the trial to start de novo, especially where extensive evidence has already been led. Only in cases of absolute unavailability, such as death, recusal, or mental incapacity, should pro…

  • Continuity Of Presiding Officer
  • Right To Speedy Trial
  • Magistrates Court Act
  • Criminal Procedure Act
  • Unavailability Test
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