South Africa Case Law

S v Hewu and Others (170002)

S v Hewu and Others (170002) [2017] ZAECGHC 44; 2017 (2) SACR 67 (ECG) (6 April 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

170002

Judge

E Revelas

The review court held that the repeated striking of the matter from the roll by the magistrate, without conducting a proper enquiry under section 342A of the Criminal Procedure Act, was not in accordance with justice. The magistrate failed to investigate the reasons for the delay, the prospects of proceeding to trial, and the impact on the accused's rights. While section 60(11) requires accused charged with Schedule 5 or 6 offences to be brought before court in custody, this does not override the need for judicial discretion and proper enquiry into delays. The immediate re-arrest of the accus…

Source excerpt

• Warrant Of Arrest
• Bail Procedure
• Unreasonable Delay
• Striking Off Roll
• Section 342a Investigation