Flynote: Criminal Procedure Trial Unavailability of presiding officer to continue – – with trial Irregular to proceed with trial before magistrate other than one who noted a – plea of not guilty without explanation regarding unavailability of initial magistrate Such – procedure sanctioned by section 118 of the Criminal Procedure Act, 51 of 1977 only in instances when initial magistrate unavailable The State has a duty to place – unavailability of the initial magistrate on the record Failure in the latter regard renders – continuation of the trial before another magistrate irregular. Irregular proceedings Whether irregularity vitiates the proceedings depends on the – circumstances of particular case. Summary: Trial proceedings continued and were concluded before one magistrate while the accused had pleaded not guilty before a different magistrate. The record is absent a recordal of the initial magistrate’s unavailability, thereby rendering the trial proceedings irregular. Court satisfied that the irregularity does not vitiate the entire proceedings. ORDER The conviction and sentence are confirmed. The registrar is directed to bring this judgment to the attention of the Chief Magistrate.
Flynote: Criminal Procedure – Trial – Unavailability of presiding officer to continue with trial – Irregular to proceed with trial before magistrate other than one who noted a plea of not guilty without explanation regarding unavailability of initial magistrate – Such procedure sanctioned by section 118 of the Criminal Procedure Act, 51 of 1977 only in instances when initial magistrate unavailable – The State has a duty to place unavailability of the initial magistrate on the record – Failure in the latter regard renders continuation of the trial before another magistrate irregular. Irregular proceedings – Whether irregularity vitiates the proceedings depends on the circumstances of particular case. Summary: Trial proceedings continued and were concluded before one magistrate while the accused had pleaded not guilty before a different magistrate. The record is absent a recordal of the initial magistrate’s unavailability, thereby rendering the trial proceedings irregular. Court satisfied that the irregularity does not vitiate the entire proceedings. ORDER The conviction and sentence are confirmed. The registrar is directed to bring this judgment to the attention of the Chief Magistrate.
S%20v%20Mwalyombu%20(CR%2058-2017)%20[2017]%20NAHCMD%20271%20(25%20September%202017).docx