S v Diswane (B349/2023)
S v Diswane (B349/2023) [2024] ZAGPPHC 587 (25 January 2024)
The High Court held that the recusal of the magistrate rendered him absolutely unavailable, resulting in the part-heard proceedings being a nullity and set aside ex lege. There is no need for the High Court to exercise its inherent jurisdiction to set aside such proceedings, nor to order that they commence de novo. The authority to recommence proceedings rests solely with the National Prosecuting Authority, which may decide whether to re-indict the accused. The judgment emphasized that referring such matters for special review is unnecessary and burdensome, particularly where the accused's co…
Source excerpt
- Recusal Of Judicial Officer
- Nullity Of Proceedings
- Inherent Jurisdiction
- Commencement De Novo
- Criminal Procedure Act Lacuna