Sidu v S (A03/23)
Sidu v S (A03/23) [2023] ZAMPMBHC 58 (8 November 2023)
The trial court erred by failing to hear and rule on the special plea of lack of jurisdiction raised by the appellant. The court proceeded with the trial without allowing evidence to be led on the jurisdictional issue, contrary to the mandatory requirements of sections 106(1)(f) and 108 of the Criminal Procedure Act. This procedural irregularity resulted in an unfair trial and vitiated the proceedings. As a result, the conviction and sentence must be set aside, and the matter remitted for a new trial before a different magistrate.
Source excerpt
- Jurisdiction Of Criminal Courts
- Procedural Irregularity
- Fair Trial Rights
- Special Plea
- Remittal For De Novo Trial