S v Mbalisa (8/2021;8428/2019;107/2021)
S v Mbalisa (8/2021;8428/2019;107/2021) [2022] ZAWCHC 148 (27 July 2022)
The court found that the prolonged absence of the presiding magistrate due to ill health resulted in an inordinate delay, which infringed the accused's constitutional right to a speedy trial. The interests of justice required a definitive resolution, and postponement was no longer tenable. Jurisprudence supports that incapacity of a magistrate, such as illness, can justify the trial commencing de novo before another magistrate. The part-heard proceedings were set aside, and the matter was referred to the Director of Public Prosecutions to consider prosecution de novo.
Source excerpt
- Criminal Trial Delay
- Right To Speedy Trial
- Magistrate Incapacity
- De Novo Proceedings