S v Moreki (R12/2023)
S v Moreki (R12/2023) [2023] ZAFSHC 184 (5 May 2023)
The High Court held that, although the Criminal Procedure Act does not expressly empower it to set aside proceedings in circumstances where the presiding officer becomes incapacitated after evidence has been led, the interests of justice require the exercise of inherent jurisdiction. Since the original magistrate is unable to continue and evidence has already been adduced, the proceedings must be set aside and the trial must commence de novo before another magistrate, should the Prosecuting Authority so determine.
Source excerpt
- Criminal Procedure Act
- Part Heard Trial
- Magistrate Incapacity
- Inherent Jurisdiction