S v Monotshi (A720/14)
S v Monotshi (A720/14) [2014] ZAGPPHC 819 (9 October 2014)
The High Court held that the district magistrate had no jurisdiction to try the matter after transferring it to the Regional Court under section 115A of the Criminal Procedure Act. The subsequent decision by another magistrate to return the matter to the district court was unauthorized and created confusion. Furthermore, the trial magistrate should have recused herself after presiding over the bail application and learning of the accused's previous convictions, as this could reasonably be perceived as bias. The absence of the trial record prevented the court from making findings on whether th…
Source excerpt
- Jurisdiction Of Magistrates
- Recusal For Bias
- Transfer Of Criminal Trial
- Right To Legal Representation