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[2013] ZAGPPHC 469
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S v BMS (V2962/13, A920/2013) [2013] ZAGPPHC 469 (14 November 2013)
IN THE HIGH COURT
OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA
REVIEW 919/2013
Case
no: A906/13
DATE:
11 NOVEMBER 2013
In the matter
between
State
vs
HUNBULANI MICKSON
NEMASISI
REVIEW
JUDGMENT
BAM AJ
1. The accused was
charged in the Magistrate's Court, Polokwane, on one count of fraud.
The matter became partly heard before Magistrate
du Preez in 2011.
During October 2012 the record of the proceedings was destroyed by a
fire at the court house. The notes kept
by the magistrate were also
destroyed. Attempts to reconstruct the record were unsuccessful.
2. The matter was
sent on review by the Head of Office, Polekwane, for the
consideration to set aside the proceedings.
3. The matter was
forwarded to the Director of Public Prosecutions for comment. In the
response, received on 6 November 2103, it
was suggested by Deputy
Director Leonard SC, and Adv Roos, of that office, that the
proceedings ought to be said aside.
4. We are in
agreement with the said suggestion. The Director of Public
Prosecutions has the prerogative to decide about any future
steps
pertaining to the matter.
5. The following
order is made.
The proceedings in
case nr DC 1389/2010, Polokwane, is set aside.
A J BAM
ACTING JUDGE OF
THE HIGH COURT
HJ FABRICIUS
JUDGE OF THE HIGH
COURT
7 November 2013