S v Ndlangamandla (R23/2021; A698/2020)
S v Ndlangamandla (R23/2021; A698/2020) [2021] ZAMPMBHC 60; 2022 (1) SACR 546 (MM) (2 December 2021)
The High Court found that the proceedings in the magistrate's court were not in accordance with justice due to the absence of a complete and properly interpreted trial record. The magistrate acknowledged that portions of the record were missing and could not be reconstructed or retrieved. The lack of a full record prevented the High Court from conducting a meaningful review, and the accused's rights to a fair trial and review were compromised. The court emphasized the duty of judicial officers to ensure that records are complete and properly translated into English, as required for review pro…
Source excerpt
- Maintenance Act
- Incomplete Record
- Review Proceedings
- Interpretation Of Proceedings