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South Africa decisions
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S v Mokoena (16/2022; A 1115/2020) [2022] ZAFSHC 107 (4 May 2022)
The High Court set aside part-heard criminal proceedings where the presiding magistrate was unavailable, holding the accused’s speedy-trial rights were prejudiced.
S v Stuurman; S v Khonze (22/2021) [2021] ZAWCHC 159; 2021 (2) SACR 559 (WCC) (18 August 2021)
The High Court held that where a regional magistrate who commenced criminal proceedings becomes unavailable due to appointment as a Judge, their jurisdiction in the matter ends and the proceedings are abortive and a nullity. There is no need for the High Court to set aside such proceedings; new proceedings may commence de novo before another regional magistrate. Section 304A of the Criminal Procedure Act does not apply as there was no conviction in either matter. The authorities cited confirm that the nullity arises ex lege and the High Court's intervention is unnecessary unless grave injusti…
Source excerpt
S v Mokoena (SR29/2004) [2004] ZAFSHC 9; 2005 (2) SACR 280 (O) (26 February 2004)
The Free State High Court held that a magistrate who became permanently unavailable during trial could not continue, and the proceedings were set aside.
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