S v Mongwe (A122/2016)
S v Mongwe (A122/2016) [2016] ZAGPPHC 100 (1 March 2016)
The court held that the part-heard proceedings before the deceased magistrate are a nullity. The authorities cited establish that when a magistrate becomes unavailable due to death, resignation, or incapacity, the proceedings are aborted and the trial must commence de novo before another magistrate. There is no need for a High Court order to set aside the earlier proceedings. In this case, the accused had pleaded not guilty and witnesses had been called and cross-examined, but the presiding officer passed away before the trial was concluded. Accordingly, the proceedings are a nullity and must…
Source excerpt
- Criminal Procedure Act Section 304
- Part Heard Proceedings
- Trial De Novo
- Magistrate Unavailability