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2012
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[2012] ZAGPPHC 215
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S v Mthethwa (A626/2012) [2012] ZAGPPHC 215 (4 September 2012)
NOT
REPORTABLE
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG HIGH COURT, PRETORIA
Date:
04/09/2012
Case
Number:A626/2012
Supreme
Court Ref: 543
Magistrate's
Serial No: 05/2011
Review
Case No: 494/2010
In
the matter between:
THE
STATE
and
DAVID
ZITHI MTHETHWA Respondent
REVIEW
JUDGMENT
MNGQIBISA-THUSI
J:
[1]
The accused was convicted on a charge of murder (read with the
provisions of
section 51(2)
,
52
(2),
52A
and
52B
of the
Criminal Law
Amendment Act 105 of 1997
) in the Barberton Regional Court.
[2]
When he was about to be sworn in for the proceedings on sentence, the
accused claimed that he was Shona speaking and did not
understand
Swazi, the language he was sworn in. As a result, the proceedings
were adjourned for review.
[3]
From the record it appears that throughout the proceedings were
interpreted into isiSwazi, that he consulted with his legal
representative in isiSwazi and also gave evidence in isiSwazi. At no
stage during the proceedings, up to the stage of the beginning
of the
proceedings on sentence, did the accused give an indication, either
to his legal representative or to the court, that he
did not
understand the language in which the court proceedings were being
interpreted.
[4]
On raising the language issue and being questioned by his legal
representative and the court, he admitted that he understood
the
proceedings from the beginning up until when he raised the language
issue. He stated that the only word he did not understand
was "swear"
when interpreted into isiSwazi. However, he immediately changed and
said that there were some words used
during the proceedings which he
did not understand.
[5]
Having read the record of the proceedings as is, I am satisfied that
the accused understood the language in which the proceedings
were
conducted. It appears that he pleaded in isiSwazi, testified in
isiSwazi and as confirmed by his legal representative, Mr
Maphanga,
also consulted with him in isiSwazi. The accused himself also admits
that he did not inform his legal representative
that he is Shona
speaking.
[6]
Bearing in mind that an accused person has the right to be tried in
the language of his choice, I am satisfied that there was
no
irregularity in these proceedings.
[7]
Accordingly. I would recommend that the following order be and is
made:
"I
am satisfied that it appears that the proceedings were in accordance
with justice”.
N.P
Mngqibisa-Thusi
Judge
of the High Court
North
Gauteng High Court
I
agree and it is so orderd
N
M MAVUNDLA
Judge
of the High Court
North
Gauteng High Court