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Part heard matter – record missing and incapable of reconstruction – trial to start de novo
Rex
vs
SIPHO DLAMINI & TWO OTHERS
Case No. 720/96(Manzini Magistrate=s Court)
Coram Sapire, ACJ
Dunn, J
JUDGMENT
(17/10/97)
The above case has come before us for review. The Magistrate L.T. Matse- Nkambule has informed the Court that the accused persons are charged with contravention of Section 3(1) of Act 16/1991 (theft of motor vehicle). The matter is part heard before the Magistrate. The Prosecutor who was handling it has since left the service and he is no longer available.
The Court record has disappeared and has been missing for two weeks. It is apparently impossible to reconstruct the record and the prosecutor who has taken over does not have any notes of the proceedings. One of the defence Attorneys has since died. The Magistrate informs us that she suspects that there may be a sinister reason for the disappearance of the record and has motivated her reasons therefore. In the circumstances the Court has determined that the proceedings should be set aside and recommenced afresh before another Magistrate.
We accordingly direct that the proceedings in R v Sipho Dlamini and two others case number 720/96 in the Manzini Court of Subordinate jurisdiction be set aside to be commenced afresh de novo before another judicial officer.
S.W. SAPIRE, ACJ
B. DUNN, J
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URL: http://www.commonlii.org/sz/cases/SZHC/1997/6.html