S v Ndibe (14/544/2010)
S v Ndibe (14/544/2010) [2012] ZAWCHC 245 (14 December 2012)
The High Court held that the magistrate erred by striking the matter off the roll without conducting the enquiry required by section 342A of the Criminal Procedure Act. The record did not reflect any investigation into the reasons for the delay or consideration of the statutory factors. The accused had already pleaded, and evidence had been led, making the remedy of striking off the roll inappropriate under section 342A(3)(c). Instead, the court should have considered other remedies, such as a wasted costs order. The order of the magistrate was therefore set aside. The judgment emphasized tha…
Source excerpt
- Unreasonable Trial Delay
- Section 342a Criminal Procedure Act
- Right To Speedy Trial
- Striking Off The Roll
- Wasted Costs Order