Dladla and Others v Msimanga and Another (3843/2020)
Dladla and Others v Msimanga and Another (3843/2020) [2021] ZAFSHC 107 (9 March 2021)
The High Court held that the Magistrate did not apply section 342A(3)(c) when striking the matter off the roll, as no enquiry into unreasonable delay was conducted and no finding was made. The Magistrate acted irregularly by acceding to the prosecutor's request without judicial consideration or allowing the applicants' legal representatives to address the court. However, the striking off the roll did not trigger the prohibition on resuming prosecution without written instruction from the DPP. The applicants' plea in terms of section 106(1)(i) was properly rejected, as it does not entitle an a…
Source excerpt
- Criminal Procedure Act Section 342a
- Dilatory Plea
- Unreasonable Delay
- Magistrate Court Powers
- Fair Trial Rights