South Africa Case Law

S v Chokoe (A212/2014)

S v Chokoe (A212/2014) [2014] ZAGPPHC 515; 2014 (2) SACR 612 (GP) (28 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

A212/2014

Judges

T J Raulinga, C Pretorius

The High Court held that the destruction of the court record in a part-heard criminal matter constitutes a technical irregularity, but does not automatically render the proceedings a nullity. The magistrate must first attempt to reconstruct the record by involving all parties, ensuring the accused's right to participate and challenge the reconstructed evidence. Only if the reconstruction fails or substantial disagreement arises regarding its accuracy may the matter be tried de novo. The trial court retains jurisdiction and is not functus officio in part-heard matters. The interests of justice…

Source excerpt

• Lost Court Record
• Reconstruction Of Record
• Special Review
• Fair Trial Rights
• Technical Irregularity

S v BMS (V2962/13, A920/2013)

S v BMS (V2962/13, A920/2013) [2013] ZAGPPHC 469 (14 November 2013)

Court

North Gauteng High Court, Pretoria

Case number

A906/13

Judges

BAM, HJ Fabricius

The court found that the destruction of the record and the magistrate's notes rendered it impossible to reconstruct the proceedings. Without a record, the review court cannot properly assess the fairness or correctness of the trial. The Director of Public Prosecutions recommended that the proceedings be set aside, and the court agreed, emphasizing that the DPP retains discretion regarding any future prosecution. The proceedings in case DC 1389/2010, Polokwane, were accordingly set aside.

Source excerpt

• Fraud
• Review Of Magistrates Court Proceedings
• Lost Court Record
• Setting Aside Proceedings

S v Williams (10/2007)

S v Williams (10/2007) [2008] ZANCHC 19 (18 April 2008)

Court

Northern Cape High Court, Kimberley

Case number

10/2007

Judge

C J Olivier

On special review, the court set aside a murder conviction and 15-year sentence after the trial record was lost and could not be reconstructed.

• Lost Court Record
• Condonation
• Right Of Appeal
• Reconstruction Of Record
• Murder Conviction
• Constitutional Rights

S v Moleko (1302/2004)

S v Moleko (1302/2004) [2004] ZAFSHC 136 (12 August 2004)

Court

Free State High Court, Bloemfontein

Case number

1302/2004

Judges

S. Ebrahim, H.M. Musi

On special review, the High Court set aside criminal proceedings because the court record was lost and could not be reconstructed.

• Review Proceedings
• Lost Court Record
• Setting Aside Proceedings
• Criminal-review
• Lost-court-record
• Setting-aside-proceedings