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South Africa: North Gauteng High Court, Pretoria
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[2013] ZAGPPHC 190
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S v Buda (A502/2013) [2013] ZAGPPHC 190 (9 July 2013)
NOT
REPORTABLE
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG HIGH COURT)
The
Magistrate
BENONI
Review 05/13
Case
No: SH560/06
CASE
NO:A502/2013
DATE:09/07/2013
THE
STATE / PIET JOHANNES BUDA
REVIEW
JUDGEMNET
MAKGOBA,
J:
[1]
This matter came before me on special review at the instance of the
Regional Court Magistrate, Benoni.
[2]
The accused was tried and convicted before Regional Court Magistrate,
Ms Du Plessis on 22 July 2007. Subsequent to the postponement
of the
matter for a pre-sentence report the accused absconded.
[3
The accused was traced, arrested and brought before court on
28
February 2013. Upon retrieval of the charge sheet it was discovered
that the cassettes have been misplaced and despite diligent
search
same could not be found.
[4]
The trial magistrate who convicted the accused has since relocated to
Australia. The magistrate who is presently seized with
the matter is
unable to proceed and finalise the case.
[5]
The magistrate accordingly submitted this matter on special review
with the request that the proceedings before Magistrate Du
Plessis be
set aside.
[6]
I accordingly grant an order that the proceedings be and are hereby
set aside and that the trial starts de novo before another
magistrate
should the State desire to proceed with the prosecution of the
accused.
E.M
MA^GO^A
JUDGE
OF THE HIGH COURT
I
agree,
S.P
MOTHLE
JUDGE
OF THE HIGH COURT