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South Africa Case Law

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Criminal Law [2021] ZAGPPHC 574

Nkute v S (A224/2020)

Nkute v S (A224/2020) [2021] ZAGPPHC 574; 2022 (1) SACR 436 (GP) (18 August 2021)

Court
North Gauteng High Court, Pretoria
Case number
A224/2020
Judges
N V Khumalo, R Matthys

The appeal was not properly before the court due to the appellant's failure to file heads of argument timeously and to apply for condonation for both the late filing and delayed prosecution of the appeal. The court held that condonation is not a mere formality and requires a full and reasonable explanation, which was not provided. The appellant's argument that the State bears exclusive responsibility for reconstructing the record was rejected; both parties share this duty, and the appellant failed to participate in the reconstruction process. The authorities cited confirm that a reconstructed…

Source excerpt

  • Condonation
  • Reconstruction Of Trial Record
  • Right To Fair Trial
  • Appeal Procedure
  • Criminal Conviction
  • Late Prosecution
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Criminal Law [2018] ZAGPPHC 552

Pitje v S (A519/2014)

Pitje v S (A519/2014) [2018] ZAGPPHC 552 (1 August 2018)

Court
North Gauteng High Court, Pretoria
Case number
A519/2014
Judges
E.M. Kubushi, S.N.I. Mokose

The court found that the reconstructed record, including the sentencing proceedings, was finalised in the presence of all parties and confirmed by the chief magistrate. The appellant's inputs were considered, and any imperfections in the record related only to sentencing, which was not the subject of the appeal. The record was adequate for the appeal on conviction. The delay in furnishing the bound record was due to the clerk of the court and not attributable to the respondent, who fulfilled its duty to reconstruct the record within the ordered period. Therefore, no condonation for late filin…

Source excerpt

  • Reconstruction Of Trial Record
  • Right To Fair Trial
  • Condonation For Late Filing
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.