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Criminal Law [2012] ZAGPJHC 158

Sithole v S (A149/2010)

Sithole v S (A149/2010) [2012] ZAGPJHC 158 (12 September 2012)

The court held that the special entry procedure under section 317 of the Criminal Procedure Act is inappropriate where the alleged irregularity—the failure to call Vusi Xaba as a witness—is apparent from the record and the matter is already on appeal. Both the prosecution and defence had access to Xaba and his statement, and both chose not to call him, indicating that neither considered his evidence beneficial. If Xaba had been called, both parties would likely have challenged his credibility and reliability, leaving the court with no reliable evidence. The court found that granting a special…

  • Special Entry Procedure
  • Irregularity On Record
  • Section 317 Cpa
  • Calling Of Witnesses
  • Section 186 Cpa
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