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South Africa: Free State High Court, Bloemfontein
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[2014] ZAFSHC 164
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S v Booi (175/2014) [2014] ZAFSHC 164 (9 October 2014)
IN THE HIGH COURT
OF SOUTH AFRICA
FREE STATE
DIVISION, BLOEMFONTEIN
Review
No. : 175/2014
DATE:
09 OCTOBER 2014
In the review
between:-
THE STATE
Versus
MBONGENI BOOI
CORAM: RAMPAI,
AJP et JORDAAN, J
JUDGMENT BY:
JORDAAN, J
DELIVERED ON: 9
OCTOBER 2014
[1] In this matter
the accused was charged with and arraigned for trial on a charge of
reckless or negligent driving. The matter
was continuously
postponed, because of the non-availability of the police docket and
eventually struck off the roll.
[2] When the matter
was struck off the roll the defence moved for an order in terms of
section 342A(3)(e) of Act 51 of 1977 for
the State to reimburse the
accused his travelling expenses to attend the case, which application
was granted by the trial magistrate.
[3] When this matter
came to the attention of the district control magistrate for criminal
courts in Bloemfontein it was sent through
to this court for a
special review in terms of
section 304(4)
of the
Criminal Procedure
Act, No 51 of 1977
.
[4] The learned
control magistrate remarks as follows:
“It is
submitted that the magistrate made an invalid order in that
section
342A(3)(e)
of Act 51/1977 has not yet been put into operation.”
[5] It is therefore
asked that the order made by the trial magistrate in terms of the
last-mentioned section be set aside. The
control magistrate is
undoubtedly correct.
[6] In the result
the order made by the trial court in terms of section 342A(3)(e) of
Act 51 of 1977 is set aside.
A.F. JORDAAN, J
I concur.
M.H. RAMPAI, AJP
spieterse