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South Africa: North Gauteng High Court, Pretoria
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[2014] ZAGPPHC 398
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S v Khosa (A 224/14) [2014] ZAGPPHC 398 (28 March 2014)
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IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
A
224/14
Date:
28 March 2014
Not
reportable
Not
of interest to other judges
Magistrate's
Court POLOKWANE
Case
number:DC1011/2012
High
Court reference number: 192/2014
THE
STATE VERSUS LESLEY KHOSA
REVIEW
JUDGMENT
A
A Louw J
[1]
This case has been placed before me in the nature of a special
review.
[2]
Acting magistrate NR Munyai states under oath that the entire record
of this part-heard matter was destroyed by fire when the
Polokwane
Magistrates court building was destroyed by fire, ft is further
stated that the reconstruction of the entire record is
now
impossible.
[3]
From the part of the record that is available it appears that the
charge is one of sexual assault. The complainant, Ms R[...],
has
testified and the transcription of her evidence is in the documents
placed before me. It appears that she completed her testimony
and
that the case was then remanded.
[4]
My understanding is therefore that the request before me is to make
an order regarding further evidence that was led and in
respect of
which the record is not available.
[5]
There is no reason for the complainant to testify again.
[6]
I am therefore of the view that justice will be done if it is
declared that only the evidence that was led after that of the
complainant be set aside. This will in effect mean that the
complainant’s evidence will stand and that the case will have
to proceed from that point onwards.
[7]
I therefore make the following order:
1.
Any evidence led after that of the complainant is set aside.
2.
The evidence of the complainant will stand.
3.
The case is referred back to acting magistrate Munyai to proceed with
the trial.
A.A.
Louw
Judge
of the High Court
I
agree.
N
.
JANSE VAN NIEUWENHUIZEN
Judge
of the High Court