S v Lekwadu (A 478)
S v Lekwadu (A 478) [2011] ZAGPJHC 214 (19 May 2011)
The High Court determined that the termination of the presiding magistrate's contract rendered him totally incapable of continuing with the trial. The court found that speculation regarding the magistrate's future availability would be inappropriate and could prejudice the accused, who was on bail. The court reasoned that commencing a trial de novo before another magistrate would be more expedient and just than postponing the matter indefinitely, especially given the limited evidence already presented and the likelihood of a swift retrial. The proceedings were therefore set aside to enable th…
Source excerpt
- Possession Of Stolen Property
- Magistrates Court Procedure
- Trial De Novo
- Judicial Incapacity