Law Reports
S v Tsoai and Others (A52/14) [2014] ZAGPPHC …

S v Tsoai and Others (A52/14) [2014] ZAGPPHC 397 (30 January 2014)

30 Reportability

Criminal Procedure

Brief Summary

Criminal Procedure — Re-trial — Order for re-trial granted after review of proceedings — Original proceedings set aside due to irregularities. The accused, Frans Tsoai and others, faced charges in a previous trial, which was deemed flawed upon review. The court ordered that the state be permitted to try the accused de novo, effectively nullifying the prior proceedings.

Full Judgment Text (Click to expand)

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[2014] ZAGPPHC 397
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S v Tsoai and Others (A52/14) [2014] ZAGPPHC 397 (30 January 2014)

IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
30 January 2014
A52/14
High Court Ref. No.:
14/14
Magistrates serial
no. : 02/2013
Case no. :
RC184/2010
THE STATE V FRANS
TSOAI AND OTHERS
ORDER FOR RE-TRIAL
Having read the
record of the transcribed proceedings, as well as the affidavits
filed by the court officials, it is hereby ordered
as follows:
1. The proceedings
hitherto are set aside;
2.
The state is given leave to try the accused
de
novo.
JUDGE TM MAKGOKA
JUDGE S'ROTTERILL

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