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2016
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[2016] ZANCHC 33
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Selaletsi v S (CA&R99/2014) [2016] ZANCHC 33 (7 May 2016)
IN
THE HIGH COURT OF SOUTH AFRICA
(Northern
Cape High Court, Kimberley)
Case
Nr: CA&R99/2014
Date:
7/05/2016
In
the matter between:
PASEKA
WILLIAM
SELALETSI
APPELLANT
and
THE
STATE
RESPONDENT
Coram:
Olivier, J
JUDGMENT
Olivier
J:
In
this matter the proceedings have not been fully transcribed.
This includes the plea proceedings, the evidence of the complainant,
part of the evidence of the witness Mohale and part of the
appellant’s evidence. The transcribed portion of the
record
stops midway through a lengthy questioning by the Regional
Magistrate of Mohale, at paginated page 22, and at paginated page 23
it continues at some point during the cross examination by the
Prosecutor of the appellant.
The
file does contain what appears to be a typed version of the Regional
Magistrate’s notes, but this does not mean that a
proper
transcription of all the recorded proceedings is not possible.
It
in any event appears that whoever typed the notes was unable to
decipher all of the Regional Magistrate’s notes, especially
as
far as the complainant’s evidence is concerned.
The
notes do not reflect the interaction between the Regional Magistrate
and the appellant’s legal representative. That
there had
been interaction is, however, clear from the partial transcription of
the appellant’s evidence. Because this
is a point that is
being raised on behalf of the appellant, it is important also for
this reason that the proceedings be transcribed
fully.
The
following orders are therefore made:
1.
THE APPEAL IS
POSTPONED
SINE
DIE
;
2.
STEPS MUST BE
TAKEN BY THE CLERK OF THE COURT TO ENSURE THAT ALL OF THE RECORDED
PROCEEDINGS ARE PROPERLY TRANSCRIBED AND, SHOULD
THIS APPEAR NOT TO
BE POSSIBLE, THE CLERK OF THE COURT MUST EXPLAIN THE REASON FOR THIS
IN WRITING AND MUST THEN TAKE STEPS TO
PROPERLY RECONSTRUCT THE
RECORD IN CONJUNCTION WITH NOT ONLY THE REGIONAL MAGISTRATE, BUT ALSO
THE APPELLANT’S LEGAL REPRESENTATIVE
AT THE TIME, THE
PROSECUTOR AND THE INTERPRETER,
INTER
ALIA
BY
HAVING REGARD OT THE REGIONAL MAGISTRATE’S NOTES.
______________________
C
J OLIVIER
JUDGE
NORTHERN
CAPE DIVISION
I
agree:
______________________
S
ERASMUS
ACTING
JUDGE
NORTHERN
CAPE DIVISION
For the
Appellant:
ADV. N M MAZIBUKWANA
Instructed
by:
LEGAL AID SOUTH AFRICA
For the
Respondent:
ADV. N MXABO
Instructed
by:
DIRECTOR OF PUBLIC PROSECUTION